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The landmark decision that established the "separate but equal" doctrine was delivered by Justice Henry Billings Brown in the 1896 case Plessy v. Ferguson. The ruling upheld racial segregation laws for public facilities, stating that separate facilities for blacks and whites were constitutional as long as they were equal. This phrase about the Constitution being colorblind is often associated with Justice John Marshall Harlan's dissent in the same case, which argued against the majority's decision.

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Why did Justice Harlan dissent from the majority in plessy vs Ferguson?

Justice Harlan dissented in Plessy v. Ferguson primarily because he believed that the Constitution should be colorblind and that all citizens, regardless of race, should have equal rights under the law. He argued that the majority's decision to uphold racial segregation was fundamentally unjust and contradicted the principles of equality and freedom. Harlan famously stated, "Our Constitution is color-blind, and neither knows nor tolerates classes among citizens." His dissent foreshadowed the eventual civil rights advancements that would challenge segregation.


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