The Dissent of Justice Harlan in Plessy v Ferguson

 As discussed in the previous post, Plessy v Ferguson was the Supreme Court case used to establish the "Separate but Equal" doctrine that permeated the American South in the Jim Crow Era. The case was decided in an 8-1 vote with only one justice arguing against the majority. This Justice was John Harlan who served as an Associate Justice from 1877-1911. 

In this blog post, I will be entertaining a discussion around Harlan's dissent and relating its significance to today. 

Writing a dissenting opinion is sometimes an effort that is not worthwhile, especially if you are the only justice to hold a dissenting opinion. This begs the question: Why did Harlan take time to write his own dissenting opinion? I postulate that Harlan wanted future courts to use his dissent as a template for argumentation against the "Separate but Equal" doctrine. Within his dissent, Harlan states, "In my opinion, the judgment this day rendered will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott Case." Harlan's prediction came to fruition in the case Brown v Board of Education. In this case the American people and the sitting justice used the same rhetoric that Harlan used in his dissent. Harlan mentions that the term "equal" is used as a facade to mask inequality and cement a dominant class. He continues to claim that mandated separation is by definition unequal, this point would be used in Brown as well.

Harlan makes an excellent argument, although it was poorly received in 1896 when the decision was written. Harlan was ahead of his time and by 1954 the people came around to his point of view. Today, in 2020, his opinion seems obvious and it is ludicrous to think otherwise. This is a perfect example of how culture evolves with time. Harlan was one of the first to catalyze the societal transition away from segregation. The case of Brown v Board may have been lost if not for his wise words from the past. Just like many others, Harlan was a stepping stone that the American People utilized to cross the difficult waters of segregation in this country. 

I would like to recommend that you read Harlan's dissent which is linked below.

 https://chnm.gmu.edu/courses/nclc375/harlan.html