After studying and presenting a mock trial on the very historically famous case Plessy v. Ferguson, our class looked further into the dissent of Justice John Marshall Harlan. What was found is a bold argument that stuck out from the social norm.
In his dissent, Justice Harlan points out that our constitution is color-blind and our justice system should not rule on the separation of it. He also draws reference to the very obvious: separate but equal would not be for the benefit of all people, it would be for the distinct benefit of white people who refused to treat those of color equally.
I believe Justice Harlan was so moved to write about this losing argument because he knew the ruling was plain wrong. I also think Justice Harlan knew that one day this ruling would be overturned and he wanted to be vocal that he was not a part of the majority who put it into action.
By writing this piece, I think Justice Harlan hoped for an expedited call for change. Rather than remaining silent and hoping people realized the mistake that was made, he needed to cast the first stone toward speaking against this ruling. With his very clear depiction of wrong, Harlan likely hoped some may change their mind on the matter.
Obviously, this was a bold message for Justice Harlan to display in such a time as 1896. Many in the period, including his fellow justices, likely disliked him for speaking out. However, in today’s time, many would commemorate his boldness and honor him for not following the majority.
When looking at law today, I think Justice Harlan’s dissent left a lasting impact. Our progress and push for a more inclusive way of life have certainly lead to constitutionally color-blind actions being established. Since the outspokenness of Justice Harlan, law has undoubtedly shifted in a positive way.
Sources: http://fys1000.blogspot.com/p/plessy-post-prompt.html
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