who was plessy's lawyer

by Janis Heidenreich 6 min read

Ferguson was represented by Louisiana Attorney General M.J. Cunningham and Plessy by F.D. McKenney and S.F. Phillips. On April 13, 1896, Plessy's lawyers argued before the Supreme Court in Washington, D.C., that Louisiana had violated Plessy's Fourteenth Amendment right to equal protection under the law.

Full Answer

How did Plessy's lawyer defend him in court?

Upon being charged, Plessy's lawyers defended him by arguing that the law was unconstitutional. He lost at trial, and his conviction was affirmed on his appeal to the Louisiana Supreme Court. Plessy then appealed to the U.S. Supreme Court, which agreed to hear his case.

Who was the lawyer for Plessy v Walker?

On January 5, 1893, Walker applied for a writ of error, which the United States Supreme Court accepted. Tourgée would represent Plessy before the Supreme Court and enlisted the aid of former Solicitor General Samuel F. Phillips as co-counsel.

What did Plessy do as a young man?

As a young man, Plessy worked as a shoemaker, and at age 25, he married Lousie Bordnave. Taking up social activism, in 1887, Plessy served as vice president of the Justice, Protective, Educational and Social Club to reform New Orleans' public education system. 'Plessy v. Ferguson'

Who was the plaintiff in Plessy v Ferguson?

Homer Plessy is best known as the plaintiff in Plessy v. Ferguson, a landmark court case challenging southern-based segregation. Who Was Homer Plessy? Homer Plessy was a shoemaker whose one act of civil disobedience helped inspire future generations of the Civil Rights Movement.

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What did the lawyers for Plessy argue?

At trial, Plessy's lawyers argued that the Separate Car Act violated the Thirteenth and Fourteenth Amendments. The judge found that Louisiana could enforce this law insofar as it affected railroads within its boundaries. Plessy was convicted.

Who was the plaintiff in Plessy v. Ferguson?

Homer Adolph PlessyHomer Adolph Plessy, who agreed to be the plaintiff in the case aimed at testing the law's constitutionality, was of mixed race; he described himself as “seven-eighths Caucasian and one-eighth African blood.”

Who was Plessy and what law or laws did he break?

As a test, Plessy violated the 1890 Louisiana Separate Car law. That means he agreed to break the law on purpose. The Separate Car law said that white citizens and black citizens had to ride in separate railroad cars. Plessy had one African great grandmother.

Was Plessy black or white?

Plessy was born a free person of color in a family of French-speaking Louisiana Creole people. Growing up during the Reconstruction era, Plessy lived in a society in which black children attended integrated schools, black men could vote, and interracial marriage was legal.

Who were the justices in Plessy v. Ferguson?

Quick facts:Ruling:Plessy v. Ferguson DecisionAuthor:Henry B. BrownVote Count:7-1Majority Justices:Fuller, Field, Gray, Shiras, White, Peckham6 more rows

Which Supreme Court case overturned Plessy versus Ferguson?

The Supreme Court overruled the Plessy decision in Brown v. the Board of Education on May 17, 1954.

Why did Plessy lose the case?

Majority opinion. Writing for the majority, Associate Justice Henry Billings Brown rejected Plessy's arguments that the act violated the Thirteenth Amendment (1865) to the U.S. Constitution, which prohibited slavery, and the Fourteenth Amendment, which granted full and equal rights of citizenship to African Americans.

What happened to Mr Plessy?

Legacy and Death Afterward, Plessy returned to everyday family life, working as an insurance salesman. He passed away on March 1, 1925, at age 62. Despite the legal defeat, this activist had a major impact on the Civil Rights Movement.

What argument did Plessy's legal team make in Plessy versus Ferguson?

Plessy's lawyers had argued that segregation laws inherently implied that black people were inferior, and therefore stigmatized them with a second-class status that violated the Equal Protection Clause.

What part of the 14th Amendment did Plessy's lawyer say the Separate Car Act violated?

the Equal Protection ClausePlessy argued in court that the Separate Car Act violated the Equal Protection Clause of the 14th Amendment.

How old was Homer Plessy when he died?

62 years (1862–1925)Homer Plessy / Age at death

What was Plessy's job?

New Orleans city directories from 1886 to 1924 list his occupations as shoemaker, laborer, clerk, and insurance agent. By 1887, Plessy had become vice-president of the Justice, Protective, Educational, and Social Club, a group dedicated to reforming public education in New Orleans.

What happened to Plessy after the Supreme Court case?

After the Supreme Court case. After the Supreme Court ruling, Plessy went back into relative anonymity. He fathered children, continued to participate in the religious and social life of his community, and later sold and collected insurance premiums for the People's Life Insurance Company.

What is Homère Plessy's middle name?

Homère Plessy's middle name would later appear as Adolphe after his father, a carpenter, on his birth certificate. Plessy belonged to Louisiana's French-speaking Creole subgroup, which American society did not understand or accept. Plessy grew up speaking French. Adolphe Plessy died when Homère was seven years old.

Why did Plessy oppose the railroad?

To pose a clear test, the Citizens’ Committee gave notice of Plessy’s intent to the railroad, which opposed the law because it required adding more cars to its trains. On June 7, 1892, Plessy bought a first-class ticket on a train from New Orleans and sat in the car for white riders only.

Where is the Plessy statue?

Bronze plaque on the side of the Plessy tomb in New Orleans, Louisiana . Homer Adolph Plessy, or Homère Adolphe Plessy (March 17, 1862 – March 1, 1925), was a French-speaking Creole from Louisiana, best known for being the plaintiff in the United States Supreme Court decision Plessy v. Ferguson .

What was the purpose of Plessy's stepfather?

When Plessy was a young boy, his stepfather was a signatory to the 1873 Unification Movement—an effort to establish principles of equality in Louisiana. As a young man, Plessy displayed a social awareness and served as vice president of an 1880s educational-reform group.

Where did Homer Plessy live?

In 1889, the Plessys moved to Faubourg Tremé at 1108 North Claiborne Avenue. He registered to vote in the Sixth Ward 's Third Precinct. At age thirty, shoemaker Homer Plessy was younger than most members of the Comité des Citoyens.

Who was the judge that Plessy sued?

Convicted by a New Orleans court of violating the 1890 law, Plessy filed a petition against the presiding judge, Hon. John H. Ferguson, claiming that the law violated the Equal Protection Clause of the 14th Amendment. Recommended for you.

What happened to Plessy in 1892?

On June 7, 1892, Plessy bought a ticket on a train from New Orleans bound for Covington, Louisiana, and took a vacant seat in a whites-only car. After refusing to leave the car at the conductor’s insistence, he was arrested and jailed. Convicted by a New Orleans court of violating the 1890 law, Plessy filed a petition against the presiding judge, ...

What was the significance of Plessy v. Ferguson?

Plessy v. Ferguson was a landmark 1896 U.S. Supreme Court decision that upheld the constitutionality of racial segregation under the “separate but equal” doctrine. The case stemmed from an 1892 incident in which African American train passenger Homer Plessy refused to sit in a car for Black people.

When was the Supreme Court's ruling in Plessy v. Ferguson?

Then, on May 18, 1896, the Supreme Court delivered its verdict in Plessy v. Ferguson.

When did the Supreme Court concur with Harlan's opinion in Plessy v. Ferguson?

It would not be until the landmark case Brown v. Board of Education in 1954 , at the dawn of the civil rights movement, that the majority of the Supreme Court would essentially concur with Harlan’s opinion in Plessy v. Ferguson ..

What was the Plessy decision?

Nonetheless, the Plessy decision reverberated across the nation and became both a symbol of oppression for a burgeoning civil rights movement and the ultimate target of Thurgood Marshall and Charles Hamilton Houston’s grand, multidecade legal strategy to attack Jim Crow.

How did the Supreme Court decision in Plessy v. Ferguson affect public policy?

1 The decision in Plessy v. Ferguson looms large in our nation’s historical memory, but it is both more significant than we generally appreciate and less so. 2 Ostensibly about little more than the separation of railway passengers by race as required by a state ordinance, the decision cemented rather than inaugurated many changes in public policy across the South as White-dominated governments sought new ways to institutionalize racial stratification after 1863. Nonetheless, it has become an arch symbol of jurists going awry and a talisman of racial oppression. Indeed, in his now-famous and lone dissenting opinion, Justice John Marshall Harlan wrote that “the judgment this day rendered will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott Case,” with Dred Scott being another touchstone of judicial malfeasance. 3

What was the chief flaw in the Brown decision?

In his enormously influential article “Toward Neutral Principles of Constitutional Law,” Wechsler ( 1959) argues that the chief flaw in the Brown decision was that the Court lacked a “neutral” basis.

Which court held that stigma and dominance were important in the interpretation of the Equal Protection Clause?

Although dominant for the first century of interpretation, this interpretation no longer prevails. Yet both the Court in Plessy and the Court in Brown adopted this position that stigma and dominance was important in the interpretation of the Equal Protection Clause.

Was Plessy a part of Jim Crow?

Plessy is not only not the root of the segregation so pervasive today, it is also not the root of Jim Crow segregation. Far from inaugurating a new regime of Jim Crow, Plessy is better viewed as the impetus for backsliding on the commitments embodied in the Reconstruction amendments to the Constitution.

Which amendments did Homer Plessy argue against?

Homer Plessy, the petitioner before the Supreme Court in 1896, argued that the Louisiana ordinance not only violated the Fourteenth Amendment ’s Equal Protection Clause, Privileges and Immunities Clause, and Due Process Clause, but also the Thirteenth Amendment’s prohibition of “badges and incidences” of slavery.

Who was the famous jurist who sought to delineate the precise line between public and private action?

The turmoil in this area of law has led to remarkable scholarship, including a notable essay by the famous jurist Judge Henry Friendly ( 1968 ), which sought to delineate the precise line between public and private action.

What was Plessy charged with?

Plessy was charged with boarding a "whites-only" car, Plessy pleaded not guilty, contending that the law was unconstitutional. He was convicted at the district level. Plessy appealed his case but the conviction was sustained by the Louisiana Supreme Court.

What was the Plessy decision?

Sandford, in which the Court ruled that black Americans could not be citizens under the U.S. Constitution, and that its legal protections and privileges could never apply to them.

What was the law in Plessy v. Louisiana?

The State of Louisiana, Plessy's lawyers argued that the state law which required East Louisiana Railroad to segregate trains had denied him his rights under the Thirteenth and Fourteenth amendments of the United States Constitution, which provided for equal treatment under the law. However, the judge presiding over his case, John Howard Ferguson, ruled that Louisiana had the right to regulate railroad companies while they operated within state boundaries. Plessy was convicted and sentenced to pay a $25 fine. Plessy immediately sought a writ of prohibition.

What car did Plessy ride in?

However, under Louisiana law, he was classified as black, and thus required to sit in the "colored" car. On June 7, 1892, Plessy bought a first-class ticket at the Press Street Depot and boarded a "Whites Only" car of the East Louisiana Railroad in New Orleans, Louisiana, bound for Covington, Louisiana.

What did the Louisiana court reject?

The Court rejected Plessy' s arguments that the Louisiana law inherently implied that black people were inferior. With the strike of a gavel the court ushered in racial segregation in the United States by giving states the power to enact criminal statutes that separated black people from society.

What was the significance of Plessy v. Ferguson?

Plessy v. Ferguson, 163 U.S. 537 (1896), was a landmark decision made by the U.S. Supreme Court that codified the constitutional doctrine for racial segregation laws. In the eyes of the court as long as the segregated facilities were equal in quality, African-Americans could be served separately from the white population.

Why did the Supreme Court not rule on the Plessy case?

On May 18, 1896, the Supreme Court issued a 7–1 decision against Plessy that upheld the constitutionality of Louisiana's train car segregation laws. Justice David J. Brewer did not participate in the case because he had left Washington just before oral arguments to attend to the sudden death of his daughter.

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Overview

Plessy v. Ferguson

In 1890, the State of Louisiana passed the Separate Car Act, which required separate accommodations for black and white people on railroads, including separate railroad cars. A group of eighteen prominent black, creole of color, and white creole New Orleans residents formed the Comité des Citoyens (Committee of Citizens) to challenge the law. Many staff members of The New Orleans Cru…

Early life and historical context

There is some dispute over Plessy's date of birth. He may have been born in 1862, or he may have been born under the name Homère Patris Plessy on March 17, 1863. He was the second of two children in a French-speaking Creole family in New Orleans, Louisiana. Later documents give his name as Homer Adolph Plessy or Homère Adolphe Plessy. His father, a carpenter named Joseph Adolphe Plessy, and his mother, a seamstress named Rosa Debergue, were both mixed-race fre…

Later life

After the Supreme Court ruling, Plessy's criminal trial went ahead in Ferguson's court in Louisiana on February 11, 1897. He pleaded guilty of violating the Separate Car Act, which carried a punishment of a $25 fine or twenty days in jail. He opted to pay the fine. The Comité des Citoyens disbanded shortly after the trial's end. The shoemaking profession declined in the late 19th and early 20th …

Legacy

The "Separate but Equal" doctrine, enshrined by the Plessy ruling, remained valid until 1954 when it was overturned by the Supreme Court decision in Brown v. Board of Education, and later completely outlawed by the federal Civil Rights Act of 1964. Though the Plessy case did not involve education, it formed the legal basis of separate school systems for the following fifty-eight years.

Further reading

• Chin, Gabriel J. (1996). "The Plessy Myth: Justice Harlan and the Chinese Cases". Iowa Law Review. 82: 151. doi:10.17077/0021-065X.4551. SSRN 1121505.
• Luxenberg, Steve (2019). Separate: The Story of Plessy v. Ferguson, and America's Journey from Slavery to Segregation. New York: W. W. Norton. ISBN 978-0-393-23937-9.