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This Day in Legal History: The Death of the Great Dissenter
On October 14, 1911, Justice John Marshall Harlan died after nearly 34 years on the Supreme Court. Harlan was an unlikely civil rights hero. He was a Kentuckian from a slaveholding family who had opposed the Thirteenth Amendment before the war’s aftermath changed his views. On the Court, he became known as the “Great Dissenter” for standing alone, again and again, against the majority’s narrowing of the Reconstruction Amendments.
His most famous dissent came in Plessy v. Ferguson in 1896, when the Court upheld Louisiana’s law…
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