In the lead-up to the ...read more, Roe v. Wade was a landmark legal decision issued on January 22, 1973, in which the U.S. Supreme Court struck down a Texas statute banning abortion, effectively legalizing the procedure across the United States. Plessy v. Ferguson: Background and Context, Supreme Court Ruling in Plessy v. Ferguson, PBS: The Supreme Court – The First Hundred Years. “We consider the underlying fallacy of [Plessy’s] argument,” Justice Henry Brown wrote, “to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. . In 1892, they arranged for Homer Adolph Plessy (who was one-eighth black and could have readily passed for white) to be arrested on an East Louisiana Railway train f… Convicted by a New Orleans court of violating the 1890 law, Plessy filed a petition against the presiding judge, Hon. Under the allegations of his petition it may undoubtedly become a question of importance whether, under the laws of Louisiana, the petitioner belongs to the white or colored race. After Homer Plessy was arrested, a local attorney defended him, claiming that the law violated the 13th and 14th Amendments. Legislation is powerless to eradicate racial instincts or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation.

This case turns upon the constitutionality of an act of the General Assembly of the state of Louisiana, passed in 1890, providing for separate railway carriages for the white and colored races. The 1896 landmark Supreme Court decision Plessy v. Ferguson established that the policy of “separate but equal” was legal and states could pass laws requiring segregation of the races. Alone in the minority was Justice John Marshall Harlan, a former slaveholder from Kentucky. By the Fourteenth Amendment, all persons born or naturalized in the United States and subject to the jurisdiction thereof are made citizens of the United States and of the state wherein they reside; and the states are forbidden from making or enforcing any law which shall abridge the privileges or immunities of citizens of the United States, or shall deprive any person of life, liberty, or property without due process of law, or deny to any person within their jurisdiction the equal protection of the laws. . If he be a white man and assigned to a colored coach, he may have his action for damages against the company for being deprived of his so-called property. Louisiana, in 1890, had passed a law, known as the Separate Car Act, requiring “equal but separate accommodations for the white and colored races” on the railroads within the state.

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