Today in Supreme Court History: May 28, 1906

5/28/1906: Justice Henry Billings Brown retired.

Justice Henry Billings Brown

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[barkertiedemannson]

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[JoeFromtheBronx]

He is best known for writing Plessy v. Ferguson, a much denounced "separate but equal" opinion. Brown v. Board of Education took another approach.

Justice Souter in his Harvard commencement speech discussed how law develops over time. He noted:

As I’ve said elsewhere, the members of the Court in Plessy remembered the day when human slavery was the law in much of the land. To that generation, the formal equality of an identical railroad car meant progress. But the generation in power in 1954 looked at enforced separation without the revolting background of slavery to make it look unexceptional by contrast. As a consequence, the judges of 1954 found a meaning in segregating the races by law that the majority of their predecessors in 1896 did not see.

https://news.harvard.edu/gazette/story/2010/05/text-of-justice-david-souters-speech/

Brown dissented in the Income Tax Cases. He is not much remembered but perhaps can be seen as a standard judge of his era, including having the biases and perspectives of the time.

[JoeFromtheBronx]

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