Plessy v. Ferguson

No. 210
Decided Filed Supreme Court of the United States
Disposition
affirmed
full scope · 7-1 (Brewer not participating)
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Court
Criminal District Court for the Parish of Orleans, Louisiana
Filed
Decided
Judge
Mr. Justice Brown
Posture
Criminal prosecution for violating Louisiana's Separate Car Act; demurrer sustained over plea of unconstitutionality
Plaintiff in Error (Defendant) (1)
Homer Plessy
Mr. A. W. Tourgee, Mr. S. F. Phillips, Mr. F. D. McKenney, Mr. James C. Walker
v.
Defendant in Error (Judge) (1)
John H. Ferguson
Mr. Alexander Porter Morse, Mr. M. J. Cunningham, Attorney General of the State of Louisiana, Mr. Lional Adams

Overview

The judgment of the Supreme Court of Louisiana is affirmed, upholding the constitutionality of Louisiana's Separate Car Act.

Case summary

Plessy v. Ferguson is a landmark U.S. Supreme Court case from 1896 that upheld the constitutionality of racial segregation under the 'separate but equal' doctrine. Homer Plessy, a man of mixed race (7/8 Caucasian, 1/8 African), challenged Louisiana's Separate Car Act of 1890, which required equal but separate railway accommodations for white and colored races. After Plessy refused to move from a white coach, he was arrested and convicted. The Supreme Court, in a 7-1 decision (Justice Brewer not participating), held that the law did not violate the Thirteenth Amendment as it imposed no badge of slavery, and did not violate the Fourteenth Amendment as it was a reasonable exercise of state police power to promote public peace and comfort, distinguishing between political and social equality. The Court reasoned that segregation itself does not imply inferiority unless the colored race chooses to interpret it that way. Justice Harlan dissented, arguing the Constitution is 'color-blind' and the law violated equal protection. This decision legitimized Jim Crow laws until overruled by Brown v. Board of Education in 1954.

Abstract

The U.S. Supreme Court upheld the constitutionality of a state law requiring racial segregation in railway accommodations under the "separate but equal" doctrine, ruling it did not violate the Thirteenth or Fourteenth Amendments as it imposed no badge of slavery and was a reasonable exercise of state police power. The Court distinguished between political and social equality, stating segregation implies inferiority only if so interpreted by the segregated race. A dissent argued the Constitution is color-blind and the law denied equal protection, but the decision legitimized segregation until later overruled.

Opinion of the court

Majority
opinion
Mr. Justice Brownjoined by Majority of the Court (excluding Harlan and Brewer)
  • Thirteenth Amendment does not prohibit legal distinctions based on race
  • Fourteenth Amendment guarantees political equality, not social equality
  • Separate but equal is reasonable police power regulation
  • Segregation does not inherently imply inferiority

Dissenting opinions

1
Dissenting Mr. Justice Harlan

Jurisdiction

not challenged
Statutory basis
Error to the Supreme Court of the State of Louisiana
Subject matter
Constitutional challenge to state statute under Thirteenth and Fourteenth Amendments
Jurisdictional holding
Jurisdiction proper under writ of error from state supreme court
Jurisdictional facts
  • Plessy filed writ of error from Louisiana Supreme Court decision
  • Case involves federal constitutional questions

Procedural posture

Posture at trial
Criminal prosecution for violating Louisiana's Separate Car Act; demurrer sustained over plea of unconstitutionality
Posture on appeal
Direct appeal via writ of error from Louisiana Supreme Court denial of prohibition
Preserved issues
  • Constitutionality of Louisiana's Separate Car Act under Thirteenth and Fourteenth Amendments

Subsequent history

Petition for rehearing
not filed
Rehearing en banc
not filed
Petition for certiorari
not filed
Remand proceedings
Case remanded to Louisiana courts for further proceedings consistent with affirmation
Mandate issued
Not specified
Subsequent citations
  • Brown v. Board of Education, 347 U.S. 483 (1954) overruled Plessy

Legal categories

Criminal

Case record

Full case name
PLESSY v. FERGUSON
Docket number
No. 210
Court
Supreme Court of the United States
Trial court
Criminal District Court for the Parish of Orleans, Louisiana
Trial court judge
Hon. John H. Ferguson
Filed
Decided
Opinion author
Mr. Justice Brown
Opinion type
published
Precedential status
precedential
Judges on panel
Mr. Justice BrownMr. Justice HarlanMr. Justice Brewer

Issues & holdings

1
Issues raised
1
affirmed
3
Holdings
Standard of review

de novo

Disposition rationale

Act does not violate Thirteenth Amendment as it imposes no badge of slavery; does not violate Fourteenth Amendment as it is a reasonable police power regulation for public peace and comfort, distinguishing between political and social equality

Preservation

Issue preserved for review

Holdings of the court

Thirteenth Amendment challenge
The Separate Car Act does not violate the Thirteenth Amendment
Slavery involves involuntary servitude and ownership; statute imposes mere legal distinction based on color, not badge of servitude
majoritybinding precedent
Fourteenth Amendment challenge
The Separate Car Act does not violate the Fourteenth Amendment
Amendment enforces political equality, not social equality; statute is reasonable police power regulation based on customs/traditions to promote public comfort and peace; separation does not imply inferiority unless colored race chooses to construe it so
majoritybinding precedent
Constitutionality of exemption from liability provision
Part of act exempting railway from liability may be unconstitutional but not at issue
Conceded by state attorney; issue not properly before Court as only constitutionality of separation requirement is challenged
majoritynon-binding

Error analysis

  • Trial court erred in sustaining demurrer and overruling plea of unconstitutionality — constitutional · no error foundNot applicable as no error found · not applicable

Statutory interpretation

3
Statute
Louisiana Acts 1890, No. 111 (Separate Car Act)
Question
Whether statute requires separation based on race violates Thirteenth/Fourteenth Amendments
Court's reading
Statute is constitutional as reasonable police power regulation for public comfort/peace
Canons applied
Plain meaningPolice power scope
no legislative history
Statute
Thirteenth Amendment
Question
Whether statute imposes badge of slavery
Court's reading
Amendment prohibits slavery/involuntary servitude, not legal distinctions based on race
Canons applied
Historical context
legislative history considered
Statute
Fourteenth Amendment
Question
Whether statute denies equal protection/due process
Court's reading
Amendment guarantees political equality, allows social separation via reasonable state regulations
Canons applied
Distinction between political/social rights
legislative history considered

Burden of proof

Prosecution burden
Beyond a reasonable doubt for criminal charge
Defence burden
Preponderance for constitutional challenge
Burden met
true

Standards of review

  • Constitutionality of state statute under Thirteenth and Fourteenth Amendments — de novo Court reviews constitutional questions independently without deference to lower courts

Timeline

Procedural path

Separate Car Act enactedPassenger violates ActArrest and chargeTrial court upholds statuteState supreme court denies reliefU.S. Supreme Court argues caseU.S. Supreme Court affirms judgment
6
Events
2,329
Days, incident to ruling
—
Span
factual eventcited in opinion

Louisiana General Assembly passes Act 111 (Separate Car Act) requiring equal but separate railway accommodations for white and colored races

Outcome: Statute enacted

Foundation for constitutional challenge

1
Louisiana Legislature Louisiana not applicable
procedural eventcited in opinion

Plessy charged in Criminal District Court, pleads unconstitutionality of Separate Car Act, court sustains demurrer and overrules plea

Outcome: Plessy ordered to plead over

Trial court upholds statute, setting stage for appeal

1
Homer Plessy · Judge John H. Ferguson · Prosecutor Criminal District Court, Parish of Orleans trial court
factual eventcited in opinion

Plessy buys first-class ticket on East Louisiana Railway, sits in white coach, refuses conductor's order to move to colored coach, is forcibly ejected and jailed

Outcome: Plessy arrested and charged

Incident triggering prosecution and constitutional challenge

1
Homer Plessy · Conductor · Police Officer East Louisiana Railway, New Orleans to Covington not applicable
procedural eventcited in opinion

Plessy files petition for writs of prohibition and certiorari in Louisiana Supreme Court, which denies relief in Ex parte Plessy

Outcome: Relief denied, statute upheld

State supreme court affirms constitutionality, allowing federal appeal

1
Homer Plessy · Louisiana Supreme Court Louisiana Supreme Court appellate court
procedural event

Case argued before U.S. Supreme Court

Outcome: Argued

Oral arguments on constitutional issues

1
U.S. Supreme Court · Attorneys for both parties U.S. Supreme Court appellate court
procedural eventcited in opinion

U.S. Supreme Court issues decision affirming Louisiana Supreme Court judgment

Outcome: Affirmed

Establishes 'separate but equal' doctrine

1
U.S. Supreme Court U.S. Supreme Court appellate court

Facts & evidence

Incident

Date
Location
East Louisiana Railway from New Orleans to Covington, Louisiana

Key facts

5 facts
  1. Plessy, 7/8 Caucasian and 1/8 African blood, purchased first-class ticket
  2. He sat in coach for white passengers
  3. Conductor ordered him to move to colored coach under penalty of ejection/imprisonment
  4. Plessy refused and was forcibly ejected with police aid and jailed
  5. Charged with violating Louisiana's 1890 Separate Car Act (Act 111)

Disputed questions

  • Whether Plessy's racial classification was properly alleged
  • Whether statute imposes badge of inferiority

Procedural history

6 steps
  1. Plessy charged in Criminal District Court
  2. Pleaded unconstitutionality of act
  3. Court sustained demurrer, overruled plea
  4. Plessy sought writs of prohibition/certiorari in Louisiana Supreme Court
  5. Louisiana Supreme Court denied relief (Ex parte Plessy, 45 La. Ann. 80)
  6. Writ of error granted to U.S. Supreme Court

Evidence in the record

Direct
  • Plessy's ticket purchase
  • Conductor's order to move coaches
  • Police ejection and imprisonment
Testimonial
  • Petition allegations
  • Information filed in criminal court
Documentary
  • Louisiana Act 111 of 1890
  • Court pleadings and briefs
Circumstantial
  • Plessy's racial mixture (7/8 Caucasian)
  • Statute's text and penalties

Objects of relevance

railway passenger coachespartition dividing coaches

Policy considerations

  • Balance between state police power and individual rights
  • Role of customs/traditions in lawmaking
  • Limits of legislation to address social prejudice
  • Potential for racial conflict from segregation laws

Authorities

Cited authorities (6)

16 Wall. 36
explainedprecedent
Slaughter-house cases discussing Thirteenth/Fourteenth Amendments
109 U. S. 3
followedquotedprecedent
Civil Rights cases on state action under Fourteenth Amendment
at 24
133 U. S. 587
appliedprecedent
Louisville, New Orleans &c. Railway v. Mississippi upholding similar separation statute
5 Cush. 198
followedquotedprecedent
Roberts v. City of Boston upholding separate schools
at 206
100 U. S. 303
distinguishedprecedent
Strauder v. West Virginia on jury exclusion based on race
118 U. S. 356
explainedprecedent
Yick Wo v. Hopkins on arbitrary discrimination

Related cases (6)

Slaughter-house cases, 16 Wall. 36
prior appeal
Discussed Thirteenth/Fourteenth Amendments
Civil Rights cases, 109 U. S. 3
prior appeal
Held Fourteenth Amendment prohibits state action, not private discrimination
Louisville, New Orleans &c. Railway v. Mississippi, 133 U. S. 587
prior appeal
Upheld similar Mississippi separation statute
Roberts v. City of Boston, 5 Cush. 198
prior appeal
Upheld separate schools
Strauder v. West Virginia, 100 U. S. 303
prior appeal
Struck down jury exclusion based on race
Yick Wo v. Hopkins, 118 U. S. 356
prior appeal
Struck down arbitrary discrimination

Statutes

  • Louisiana Acts 1890, No. 111
  • Thirteenth Amendment to U.S. Constitution
  • Fourteenth Amendment to U.S. Constitution

Standards & doctrines

  • separate but equal doctrine established
  • police power reasonableness test

Legal principles applied

  • reasonable regulation test for police power
  • constitutional color-blindness principle (dissent)

Notable quotes

“The object of the amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political equality”
Mr. Justice Brown — Majority opinion interpreting Fourteenth Amendment
Establishes separate but equal doctrine
“We consider the underlying fallacy of the plaintiff’s argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.”
Mr. Justice Brown — Majority opinion rejecting inferiority argument
Places burden of stigma on segregated group
“Our Constitution is color-blind, and neither knows nor tolerates classes among citizens.”
Mr. Justice Harlan — Dissent arguing against racial classifications
Famous articulation of color-blind constitutionalism
“The thin disguise of 'equal' accommodations for passengers in railroad coaches will not mislead any one, nor atone for the wrong this day done.”
Mr. Justice Harlan — Dissent criticizing separate but equal as pretext
Predicts perpetuation of racial injustice
Index terms91
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Entities and documentation
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Action type
affirmed
Target
judgment of Supreme Court of Louisiana
Appealed from
Supreme Court of Louisiana
Citation
Ex parte Plessy, 45 La. Ann. 80
Context
U.S. Supreme Court affirms state court decision upholding Separate Car Act
Scope
full
Further instructions
Case remanded for further proceedings consistent with affirmation
Disposition vote
7-1 (Brewer not participating)
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