Judge Harlan's Dissenting Opinion

The case Plessy v. Ferguson is extremely significant because it created the Separate But Equal Doctrine and begun the Jim Crow Era. Specifically, in Plessy v. Ferguson, "the Supreme Court held that the state of Louisiana did not violate the Fourteenth Amendment by establishing and enforcing a policy of racial segregation in its railway system." In other words, the majority opinion accepted the constitutionality of racial segregation laws. The majority opinion was clear, concise, and definitive. However, the dissenting opinion could be considered even more memorable. Justice Harlan's dissenting opinion caught many off guard, due to the seven-to-one majority. Despite the fact that Justice Harlan was in the minority, he decided to share his opinion, and this is why.

Justice Harlan shared his opinion because he genuinely believed the majority was in the wrong. During this time, the issue of race was the most controversial issue and Plessy v. Ferguson brought much more attention to it. I think that by not keeping his dissent to himself, Justice Harlan hoped to reach some people. In 1896, everyone in the South agreed with the majority. However, there must have been some individuals who were on the fence about the issue. It is probable that Justice Harlan's dissent could have made people think differently.

Justice Harlan definitely made a good argument. He commented that "every true man has pride of race, and, under appropriate circumstances, when the rights of others, his equals before the law, are not to be affected, it is his privilege to express such pride and to take such action based upon it as to him seems proper.... Indeed, such legislation as that here in question is inconsistent not only with that equality of rights which pertains to citizenship .. but with the personal liberty enjoyed by everyone within the United States..." This statement confirms that Justice Harlan believed that, despite Plessy's race, he should be able to do as he pleases. Additionally, he is saying that by further accepting racial segregation laws, the Supreme Court is being inconsistent with not only the rights of citizenship but also personal liberty. In 1896, people would have seen this dissent as socially and fundamentally wrong. Now, in 2018, this argument is fully accepted. There may be some people who still do not think this way, however the vast majority of America would agree that blacks and whites are equal.

This dissent shed light in the path of law. Laws would not exist if there was no wrongdoings, so the outcome of Plessy v. Ferguson was critical in the shaping of the justice system. Justice Harlan's dissent was intriguing because it showed a different thought process in regards to segregation. Now in 2018, it's almost unbelievable that Justice Harlan's opinion was in the minority. We got from there to here by more people like Justice Harlan sharing their thoughts, even if they were not agreed with at the time. If no one voiced their opinions, nothing would ever change.

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