John Marshall Harlan

John Marshall Harlan
Mathew Brady or Levin Handy · Public domain · source
Name	John Marshall Harlan
Caption	Harlan c. 1898
Office	Associate Justice of the Supreme Court of the United States
Nominator	Rutherford B. Hayes
Term start	December 10, 1877
Term end	October 14, 1911
Predecessor	David Davis
Successor	Mahlon Pitney
Birth date	1 June 1833
Birth place	Boyle County, Kentucky, U.S.
Death date	14 October 1911
Death place	Washington, D.C., U.S.
Party	Whig (before 1858), Republican (1858–1911)
Education	Centre College (BA), Transylvania University (LLB)
Spouse	Malvina Shanklin, 1856
Children	6, including John Maynard Harlan

Contents

Early life and legal career
Appointment to the Supreme Court
Judicial philosophy and the "Great Dissenter"
Dissent in *Plessy v. Ferguson*
Other notable civil rights opinions

John Marshall Harlan. John Marshall Harlan was an Associate Justice of the Supreme Court of the United States who served from 1877 until his death in 1911. Appointed by President Rutherford B. Hayes, he is best known for his forceful and often solitary dissents in defense of civil rights and equal protection under the law during the post-Reconstruction Era. His most famous opinion was his lone dissent in Plessy v. Ferguson (1896), which laid a crucial intellectual foundation for the eventual dismantling of racial segregation in the 20th century.

Early life and legal career

John Marshall Harlan was born in 1833 into a prominent slaveholding family in Boyle County, Kentucky. He was named for the legendary Chief Justice John Marshall. He received his education at Centre College and studied law at Transylvania University. Admitted to the Kentucky bar in 1853, he began a legal and political career, initially as a Whig and later as a member of the Republican Party. He served as a colonel in the Union Army during the American Civil War, commanding the 10th Kentucky Infantry. His early political career included an unsuccessful run for Attorney General of Kentucky and a term as a city attorney for Frankfort, Kentucky. His legal practice in Louisville, Kentucky, and his political connections established his reputation before his judicial appointment.

Appointment to the Supreme Court

In 1877, President Rutherford B. Hayes, seeking to reconcile the nation after Reconstruction, nominated Harlan to the Supreme Court of the United States to fill the vacancy left by Justice David Davis. Harlan's nomination was somewhat controversial; he had opposed the Thirteenth Amendment and had been a slave owner, but he had since become a staunch Unionist and Republican. The United States Senate confirmed him, and he took his seat on December 10, 1877. His appointment marked the beginning of a 34-year tenure during which the Court often retreated from the promises of Reconstruction Amendments.

Judicial philosophy and the "Great Dissenter"

Harlan developed a judicial philosophy rooted in a broad, nationalistic interpretation of the Constitution, particularly the Fourteenth Amendment. He believed in a strong, centralized federal government with the power and duty to protect individual rights from state infringement. This often placed him at odds with the Court's majority, which favored states' rights and a narrow construction of federal power. His willingness to stand alone earned him the sobriquet "the Great Dissenter." His dissents were characterized by moral clarity and a focus on the Constitution's color-blind promise, arguing that the Thirteenth, Fourteenth, and Fifteenth Amendments had fundamentally transformed the legal status of African Americans.

Dissent in Plessy v. Ferguson

Harlan's most enduring legacy is his solitary dissent in the landmark 1896 case Plessy v. Ferguson. The Court's majority upheld a Louisiana law mandating racial segregation in railway cars under the "separate but equal" doctrine. Harlan issued a powerful, prophetic dissent. He famously declared, "Our Constitution is color-blind, and neither knows nor tolerates classes among citizens." He argued that segregation stamped African Americans with a "badge of inferiority" and that the ruling would "stimulate aggressions" against their rights. He warned it was as pernicious as the Black Codes and would prove impossible to eradicate. This dissent became a cornerstone for the legal strategy of the NAACP and was directly cited in the Court's unanimous 1954 decision in Brown v. Board of Education, which overturned Plessy.

Other notable civil rights opinions