Supreme Court Justice John Marshall Harlan (1833-1911) is best
known for condemning racial segregation in his dissent from
Plessy v. Ferguson in 1896, when he declared, "Our
Constitution is color-blind." But in other judicial decisions--as
well as in some areas of his life--Harlan's actions directly
contradicted the essence of his famous statement. Similarly, Harlan
was called the people's judge for favoring income tax and antitrust
laws, yet he also upheld doctrines that benefited large
corporations.
Examining these and other puzzles in Harlan's judicial career,
Linda Przybyszewski draws on a rich array of previously neglected
sources--including the verbatim transcripts of his 1897-98 lectures
on constitutional law, his wife's 1915 memoirs, and a compilation
of opinions, drawn up by Harlan himself, that he wanted
republished. Her thoughtful examination demonstrates how Harlan
inherited the traditions of paternalism, nationalism, and religious
faith; how he reshaped these traditions in light of his experiences
as a lawyer, political candidate, and judge; and how he justified
the vision of the law he wrote.
An innovative combination of personal and judicial biography, this
book makes an insightful contribution to American constitutional
and intellectual history.