Best The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero By Peter Canellos

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The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero-Peter Canellos

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The definitive, sweeping biography of an American hero 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, it was John Marshall Harlan’s words that 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. 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 United States. 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 an epic rendering of the American legal system’s greatest failures and most inspiring successes.

Book The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero Review :



The Great Dissenter is an exceptionally well-written book on the life of the famous jurist, John Marshall Harlan. I received this as a pre-publication ebook. Although usually overshadowed in Supreme Court history by his namesake, Chief Justice John Marshall, and by other justices such as Oliver Wendell Holmes and others, Harlan provided opinions that should be studied in law schools. Unfortunately, his greatest opinions were dissent and in meaningful cases to society. Or I should say in cases that hampered societal development because his opinions were not in the majority.The case of greatest historical significance was the infamous Plessy v. Ferguson covered in chapter 15. Here the author covers the Plessy case from its inception to the famous dissent opinion. For those of us who know of the case but did not have the historical facts, the writer gives an account that allows the reader to learn of the parties and the issues involved in the case. Plessy was designed as a test case and interestingly was not one supported by most African-American activists at the time. This was because the litigant in question was not so much fighting for a general right to be allowed a seat on a segregated train, but more specifically for a light-skinned black of creole descent. Because of this most black-owned newspapers said little about the case while it made its way to the S.Court.Once the decision was issued, few papers gave it much attention, although, black-owned media did understand its significance in terms of Harlan’s opinion in dissent. An example from his opinion given by the author, “[S]uch legislation as that here in question is inconsistent not only with that equality of rights which pertains to citizenship, national and state, but with the personal liberty enjoyed by everyone within the United States.” Furthermore, in tearing down the argument that the segregation law was supposedly equal treatment of blacks and whites, Harlan wrote, “The thing to accomplish was under the guise of giving equal accommodation for whites and Blacks, to compel the latter to keep to themselves while traveling in railroad passenger coaches…no one would be so wanting in candor as to assert the contrary.” Harlan went on to essentially predict the racial strife the majority decision would cause that was to grip this country for decades and one could easily argue into present time.The Plessy decision was significant because it codified segregation as a legitimate government institution and introduced into case law the “separate but equal” racist canard. Also of interest in this discussion was that the local judge who upheld the segregation law in Louisiana was a northern, carpet-bagger and not some avowed confederate. I for one had not known of that fact.My only problem with the writer is that he continually referred to his subject using the familiar term “John”. I don’t think that was appropriate. He also spent a bit too much time following his step- or (more likely) half-brother who was African-American. It’s not that his life was not of importance in understanding Harlan’s views on race, but the author didn’t always connect what was happening in one man’s life as an adult with what was occurring for the other. In that way, I found his divergence into brother Harlan’s life somewhat gratuitous. Overall, though, this is a worthwhile book.
Harlan’s often lone dissents were a source of hope to the victims of segregation and an inspiring road map for Thurgood Marshall in the struggle for civil rights.

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