The “superb” (The Guardian) biography of an American who stood against all the forces of Gilded Age America to fight for civil rights and economic freedom: Supreme Court Justice John Marshall Harlan. They say that history is written by the victors. But not in the case of the most famous dissenter on the Supreme Court. Almost a century after his death, John Marshall Harlan’s words helped end segregation and gave us our civil rights and our modern economic freedom. But his legacy would not have been possible without the courage of Robert Harlan, a slave who John’s father raised like a son in the same household. After the Civil War, Robert emerges as a political leader. With Black people holding power in the Republican Party, it is Robert who helps John land his appointment to the Supreme Court. At first, John is awed by his fellow justices, but the country is changing. Northern whites are prepared to take away black rights to appease the South. Giant trusts are monopolizing entire industries. Against this onslaught, the Supreme Court seemed all too willing to strip away civil rights and invalidate labor protections. So as case after case comes before the court, challenging his core values, John makes a fateful decision: He breaks with his colleagues in fundamental ways, becoming the nation’s prime defender of the rights of Black people, immigrant laborers, and people in distant lands occupied by the US. Harlan’s dissents, particularly in Plessy v. Ferguson, were widely read and a source of hope for decades. Thurgood Marshall called Harlan’s Plessy dissent his “Bible”—and his legal roadmap to overturning segregation. In the end, Harlan’s words built the foundations for the legal revolutions of the New Deal and Civil Rights eras. Spanning from the Civil War to the Civil Rights movement and beyond, The Great Dissenter is a “magnificent” (Douglas Brinkley) and “thoroughly researched” (The New York Times) rendering of the American legal system’s most significant failures and most inspiring successes.
Based on newly discovered letters and memos, this riveting scholarly history of the conservative justice who became a free-speech advocate and established the modern understanding of the First Amendment reconstructs his journey from free ...
The book focuses, however, on Harlan's years on the high bench.
Louisville Democrat, March 7, 1867; Frankfort Semi-Weekly Commonwealth, March 11, 1867, Bruner Papers, Filson Club. 54. Lexington Observer and Reporter, March 9, 1867. 55. Harlan to John Bruner, March 11, 1867, Bruner Papers, ...
The Great Dissenter, John Marshall Harlan, 1833-1911
In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v.
Judicature Society 40 ( 1928 ) ; Felix Frankfurter and James M. Landis , The Business of the Supreme Court ( 1927 ) ... study of the Hughes Court is William G. Ross , The Chief Justiceship of Charles Evans Hughes , 1930–1941 ( 2007 ) .
The book focuses, however, on Harlan's years on the high bench.
This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.
McPherson , Abolitionist Legacy , 179-80 ; H. Shelton Smith , In His Image , 266-71 . 159. Quoted in H. Shelton Smith , In His Image , 239-40 . 160. Peck , Berea's First 125 Years , 52 . 161. McPherson , Abolitionist Legacy , 245 . 162.
In the decades that followed Reconstruction, the Supreme Court struck down civil rights legislation, validated Jim Crow laws, and stopped the government from regulating big business in almost any form....