Plessy v. Ferguson - The Dissenting Opinion

In the case of Plessy v. Ferguson, Judge John Marshall Harlan was the lone dissenter from the majority opinion. A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.

Judge Harlan wrote out his (losing) argument in order to support the upcoming civil rights movement that he believed would follow the outcome of this case. By writing his opinion out, he was able to share his ideas with the country, and attempt to gain support. At the very least, people in the future could now look back and see that he was right.

Judge John Marshall Harlan

His argument was immaculate and it seemed almost as if he had a magic telescope that could see into the future. His first few arguments were that the Fourteenth Amendment declared that the law in the States shall be the same for the black as for the white; that all persons, shall stand equal before the laws of the States, and, in regard to the colored race, no discrimination shall be made against them by law because of their color.

He continues on to state that the statute in question had its origin in the purpose of excluding colored people from coaches occupied by white persons and that the fundamental objection to the statute is that it interferes with the personal freedom of citizens. After this he says that in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. Our Constitution is color-blind, and neither knows nor tolerates classes among citizens.

After this he begins to share his predictions by stating that the judgment will prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott Case, that the destinies of the two races in this country are indissolubly linked together, and the interests of both require that the common government of all shall not permit the seeds of race hate to be planted under the sanction of law, and that the thin disguise of "equal" accommodations for passengers in railroad coaches will not mislead anyone, nor atone for the wrong this day done.

I imagine that back in 1896 his opinion was an unpopular one, and earned him much scorn from upper class, pro-segregation white folks. However, in 2017, I believe that great majority of the U.S would praise Harlan for his dissent, and his willingness to fight against the norm. The U.S is a much different place now than it was in 1896, and that is due to the hard work that was put in and sacrifice that was made by so many in order to fight for Civil Rights. Just as predicted by Harlan, the seeds of race hate have been removed from the sanction of law.

Judge Harlan's full dissent can be found here.

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