Plessy v Ferguson: The Dissenting Argument

You may have read my post on our mock trial, Plessy v Ferguson, but here is a recap. Plessy was 1/8 African American and decided to purchase a first class railroad ticket. He was later arrested and sanctioned. In the end, the court ruled in favor of the state. This post is about the dissenting argument.

Why did Judge Harlan write a dissenting opinion? Judge Harlan wrote out the losing argument because there might be a time in which a case similar to this one in the future and the Harlan can still have his argument. He is hoping to one day accomplish change. Maybe somewhere down the line his dissenting opinion can become the majority opinion. Harlan's argument eventually helped with the Brown v Education decision in 1954.

Harlan does make a good argument. His interpretation of the 14th Amendment says that the law is the same for both blacks and whites. In 1896, I feel that this argument would not go well with most people. The majority of people were somewhat okay with the ending of slavery but they did not want African Americans to have the same rights and privileges as them. Now, it is hard to believe that Harlan's argument was even the dissenting argument.