The Great Dissenter

The Great Dissenter
Author: Peter S. Canellos
Publisher: Simon and Schuster
Total Pages: 624
Release: 2022-06-28
Genre: Biography & Autobiography
ISBN: 1501188216

The story of an American hero who stood against all the forces of Gilded Age America to help enshrine our civil rights and economic freedoms. Dissent. No one wielded this power more aggressively than John Marshall Harlan, a young union veteran from Kentucky who served on the US Supreme Court from the end of the Civil War through the Gilded Age. In the long test of time, this lone dissenter was proven right in case after case. They say history is written by the victors, but that is not Harlan's legacy: his views--not those of his fellow justices--ulitmately ended segregation and helped give us our civil rights and our economic freedoms. Derided by many as a loner and loser, he ended up being acclaimed as the nation's most courageous jurist, a man who saw the truth and justice that eluded his contemporaries. "Our Constitution is color blind and neither knows nor tolerates classes among citizens," he wrote in his famous dissent in Plessy v. Ferguson, one of many cases in which he lambasted his colleagues for denying the rights of African Americans. When the court struck down antitrust laws, Harlan called out the majority for favoring its own economic class. He did the same when the justices robbed states of their power to regulate the hours of workers and shielded the rich from the income tax. When other justices said the court was powerless to prevent racial violence, he took matters into his own hands: he made sure the Chattanooga officials who enabled a shocking lynching on a bridge over the Tennessee River were brought to justice. In this monumental biography, prize-winning journalist and bestselling author Peter S. Canellos chronicles the often tortuous and inspiring process through which Supreme Courts can make and remake the law across generations. But he also shows how the courage and outlook of one man can make all the difference. Why did Harlan see things differently? Because his life was different, He grew up alongside Robert Harlan, whom many believed to be his half brother. Born enslaved, Robert Harlan bought his freedom and became a horseracing pioneer and a force in the Republican Party. It was Robert who helped put John on the Supreme Court. At a time when many justices journey from the classroom to the bench with few stops in real life, the career of John Marshall Harlan is an illustration of the importance of personal experience in the law. And Harlan's story is also a testament to the vital necessity of dissent--and of how a flame lit in one era can light the world in another. --

Judicial Enigma

Judicial Enigma
Author: Tinsley E. Yarbrough
Publisher:
Total Pages: 316
Release: 1995
Genre: Biography & Autobiography
ISBN:

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. One justice, however, stood against the conservative trend: John Marshall Harlan. His advocacy of a color-blind Constitution in his powerful dissents established a rich legacy that was validated decades later by the Warren Court. But behind the legal opinions, the great dissenter was a complex, enigmatic, even contradictory man. In Judicial Enigma, Tinsley E. Yarbrough offers the most complete portrait we have ever had of this critical figure. He follows Harlan from antebellum Kentucky, when he was an outspoken Whig and Unionist, through his exploits as a colonel in the Civil War, to his political career before his appointment to the Court in 1877. Harlan's early life presents a fascinating contrast to his later stands on civil rights. Yarbrough shows, for example, that Harlan maintained a wary relationship with his black half-brother Robert (who rose to wealth during the California gold rush and to influence as a prominent Ohio Republican). The future justice also spouted openly racist language as he campaigned in postwar Kentucky--reflecting views he never entirely discarded. Even in later life, the man who became the Court's greatest moral force was not above using his position to escape his many creditors; he also did nothing to save his alcoholic, opium-addicted brother James from dying in a Kentucky almshouse. Yet moral force he was, and Yarbrough deftly explores his astonishing record as he dissented against a roster of decisions that are now considered a roll-call of error and injustice: Plessy vs. Ferguson (validating Jim Crow laws), Lochner vs. New York (overturning a law limiting working hours), the Sugar Trust Case (gutting the Sherman Antitrust Act), and many more. And yet, even here Harlan remained an enigma; as Yarbrough shows, he sometimes contradicted the same sentiments that have since sanctified his memory. In biographies of Justice Hugo Black, Judge Frank Johnson, J. Waties Waring, and John Marshall Harlan's grandson, the second Justice Harlan, Yarbrough has shown himself to be a gifted chronicler of the great figures of American law. In this volume, he offers the most insightful account of the man still remembered as the great dissenter.

Some Memories of a Long Life, 1854-1911

Some Memories of a Long Life, 1854-1911
Author: Malvina Shanklin Harlan
Publisher: Modern Library
Total Pages: 293
Release: 2002-05-07
Genre: Biography & Autobiography
ISBN: 1588362515

Rediscovered by Ruth Bader Ginsburg, this unique account of life before, during, and after the Civil War was written by the wife of Supreme Court Justice John Marshall Harlan, who played a central role in some of the most significant civil rights decisions of his era. “Remarkable . . . a chronicle of the times, as seen by a brave woman of the era.”—Ruth Bader Ginsburg, from the foreword When Justice Ruth Bader Ginsburg began researching the history of the women associated with the Supreme Court, the Library of Congress sent her Malvina Harlan’s unpublished manuscript. Recalling Abigail Adams’s order to “remember the ladies,” Justice Ginsburg guided its long journey from forgotten document to published book. Malvina Shanklin Harlan witnessed—and gently influenced—national history from the perspective of a political leader’s wife. Her husband, Supreme Court Justice John Marshall Harlan (1833–1911), wrote the lone dissenting opinion in Plessy v. Ferguson, the infamous case that endorsed separate but equal segregation. And for fifty-seven years he was married to a woman who was busy making a mental record of their eventful lives. After Justice Harlan’s death in 1911, Malvina wrote Some Memories of a Long Life, 1854–1911, as a testament to her husband’s accomplishments and to her own. The memoir begins with Malvina, the daughter of passionate abolitionists, becoming the teenage bride of John Marshall Harlan, whose family owned more than a dozen slaves. Malvina depicts her life in antebellum Kentucky, and her courageous defense of the Harlan homestead during the Civil War. She writes of her husband’s ascent in legal circles and his eventual appointment to the Supreme Court in 1877, where he was the author of opinions that continued to influence American race relations deep into the twentieth century. Yet Some Memories is more than a wife’s account of a famous and powerful man. It chronicles the remarkable evolution of a young woman from Indiana who became a keen observer of both her family’s life and that of her nation.

Learned Hand

Learned Hand
Author: Gerald Gunther
Publisher: Oxford University Press
Total Pages: 724
Release: 2010-06-24
Genre: Law
ISBN: 0199703434

Billings Learned Hand was one of the most influential judges in America. In Learned Hand: The Man and the Judge, Gerald Gunther provides a complete and intimate account of the professional and personal life of Learned Hand. He conveys the substance and range of Hand's judicial and intellectual contributions with eloquence and grace. This second edition features photos of Learned Hand throughout his life and career, and includes a foreword by Ruth Bader Ginsburg. Gunther, a former law clerk for Hand, reviewed much of Hand's published work, opinions, and correspondence. He meticulously describes Hand's cases, and discusses the judge's professional and personal life as interconnected with the political and social circumstances of the times in which he lived. Born in 1872, Hand served on the United States District Court for the Southern District of New York and the United States Court of Appeals for the Second Circuit. He clearly crafted and delivered thousands of decisions in a wide range of cases through extensive, conscientious investigation and analysis, while at the same time exercising wisdom and personal detachment. His opinions are still widely quoted today, and will remain as an everlasting tribute to his life and legacy.

John Marshall Harlan

John Marshall Harlan
Author: Tinsley E. Yarbrough
Publisher: Oxford University Press, USA
Total Pages: 428
Release: 1992
Genre: Biography & Autobiography
ISBN: 0195060903

Admired by conservatives and deeply respected by his liberal brethren, Supreme Court Justice John Marshall Harlan was a man, as William Brennan lamented, whose "massive scholarship" has never been fully recognized. Now, in the first biography of this important but neglected jurist, Tinsley Yarbrough provides a detailed account of Harlan's life, from his privileged childhood to his retirement and death. Yarbrough examines the forces and events which shaped the Justice's jurisprudence--his early life and often complex family relationships, his education, his work as a prosecutor during the Prohibition, and years as one of the nation's preeminent corporate lawyers. The book focuses, however, on Harlan's years on the high bench. Coming at a time when the Supreme Court has begun to adopt many of Harlan's principles, this account provides an essential perspective on the Court, civil liberties, and a pivotal figure in the history of both.