On May 18, 1896, the Court ruled 7–1 in Plessy v. Ferguson that Louisiana’s Separate Car Act—and other new Jim Crow laws—violated neither the Thirteenth nor the Fourteenth Amendments. The biracial Homer Plessy had challenged the law requiring Louisiana railroads to provide “equal but separate accommodations” for White and Black passengers. New Orleans judge John H. Ferguson had claimed that the “foul odors of blacks in close quarters” made the law reasonable. The Louisiana Supreme Court and the US Supreme Court upheld Ferguson’s ruling. In his majority opinion, Supreme Court Justice Henry
On May 18, 1896, the Court ruled 7–1 in Plessy v. Ferguson that Louisiana’s Separate Car Act—and other new Jim Crow laws—violated neither the Thirteenth nor the Fourteenth Amendments. The biracial Homer Plessy had challenged the law requiring Louisiana railroads to provide “equal but separate accommodations” for White and Black passengers. New Orleans judge John H. Ferguson had claimed that the “foul odors of blacks in close quarters” made the law reasonable. The Louisiana Supreme Court and the US Supreme Court upheld Ferguson’s ruling. In his majority opinion, Supreme Court Justice Henry Billings Brown relied on racist ideas to support a policy that was clearly discriminatory in intent. It was his job to obscure those intentions. Justice Brown evaded the politics of the Louisiana Separate Car Act, evaded the discriminatory intent, and evaded the obvious shoddiness of the railcars for Blacks, and instead semantically classed it a “social law” that merely recognized the social “distinction” between the races. “If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane,” wrote the former Detroit corporate lawyer. The lone dissenting voice to the Plessy ruling was hardly an antiracist voice. Though he did not doubt that Whites would forever be “the dominant race in this country,” Justice John Harlan of Kentucky wrote, “in the view of the Constitution, in the eye of the law, there is in this country no superior, dom...
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