Eschaton
Would it be, like, rude to say I like Eschaton better now that Atrios has help? Not that the Middle C himself is weak, but Leah keeps finding stuff like the lone dissent to the Plessy vs. Ferguson case, and follows it up with stuff like this:
Beautifully written, it's also quite stirring, although if you read carefully, you'll notice the shadow of white supremacy hovering over the opinion.
Also notice that the notion of the Constitution as color-blind is central to Harlan's argument.
On a bitterly ironic note, assorted opponents of every civil rights victory from Brown to the Civil Rights Act to the various benchmarks in case law made by Federal Appellate Judges like Frank Johnson of Alabama, which confirmed the most expansive meaning of the 54 decision and the 65 legislation, often use Judge Harlan's dissent, which was clearly the precursor of the Civil Rights revolution that is still going on, (see the U of Michigan decision of last week) to bash those committed to making sure there is no retreat, no turning back from our committment to the completion of that revolution, as being the "new" racists.
It's something of a follow-up to Atrios'
link to the majority opinion and
Rehnquist's position on the case. But you know, it never occurred to me to look for a dissent to the opinion in that case.
posted by Prometheus 6 at 6/30/2003 12:06:49 AM |
Posted by P6 at June 30, 2003 12:06 AM
| Trackback URL: http://www.prometheus6.org/mt/mt-tb.cgi/1030
