Episode Details

One hundred and twenty five years ago this week, The Supreme Court announced its decision in the case of Plessy v Ferguson. The case infamously declared that separate but equal was constitutional. The setting for the case was a train car, but the ramifications on society were profound. And while the Brown v Board decision 63 years later did away with some of those ramifications, in many ways, Plessy remains with us today.

Coming in the wake of the civil war, the 13th, 14th and 15th Amendments make up what are known as the Reconstruction Amendments, the Amendments intended to guarantee the freedom of formerly enslaved people. In many ways, the promise of these Amendments remains unfulfilled. In their immediate aftermath, many state legislatures took steps to undermine them, often upheld by federal courts. The Plessy case came in response to just such a law.

In 1890 Louisiana State Legislature passed the Separate Car Act requiring equal, but separate train cars for White and Black passengers. Two years later, Homer Plessy agreed to participate in a challenge to the law, by boarding a train and refusing to ride in the Black car. He was arrested and challenged his case all the way to The Supreme Court.

This decision, regularly making top 10 lists of worst Supreme Court decisions of all time, enshrined segregation in law, allowing for Jim Crow, Black codes, and undoing much of the gains made for Black people during the short-lived years of Reconstruction.

However, the decision wasn’t unanimous, there was one lone dissenting opinion by Justice John Marshall Harlan. Justice Harlan earned the nickname, The Great Dissenter, for a number of dissenting opinions in favor of civil rights during his tenure on the Court at the end of the 19th century. And his dissent in the Plessy case served as a statement of what our values as a country could and should be. It was also a prescient warning of where the social caste system, enshrined by the majority opinion, would lead us.

Paula Forbes has been at the intersection of law and education for many years. As the first in-house counsel for the Minneapolis Public School district, she saw the ways that the caste system enshrined by the Plessy decision, and never fully repaired, continues to act as a barrier to educational justice.

She joins us to discuss the importance of reckoning with and repairing our past in order to create the future we desire.

LINKS:

• Paula Forbes website
• The Chaordic Path
• Plessy v Ferguson
• NYTimes Guest Essay on Justice Harlan by Peter Canellos
• Pre-order Mr. Canellos’s forthcoming book The Great Dissenter
• The Reconstruction Amendments
• Justice John Marshall Harlan
• Malvina Harlan (Justice Harlan’s Wife)
• A 

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