Question

What was the court’s dissenting opinion in Plessy v. Ferguson?

Answer 1

Answer:

The sole dissenting justice, John Marshall Harlan, was adamant in his opinion that the laws of Louisiana went against the personal liberties meant to be protected by the Constitution. He argued that the Constitution should be judged in a color-blind way: “In respect of civil rights common to all citizens, the Constitution of the United States does not, I think, permit any public authority to know the race of those entitled to be protected in the enjoyment of such rights.”

Explanation:

Answer 2

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.  Justice John Marshall Harlan wrote a memorable dissent to that decision, parts of which are quoted today by both sides of the affirmative action controversy.  One statement often quoted by opponents of race-conscious affirmative action programs is Harlan's assertion that the Constitution is "color-blind," which can be found in the excerpts below.