Plessy v. Ferguson: Race, Identity, and the Law Re-examined

Williamjames Hoffer, "Plessy v. Ferguson: Race, Identity, and the Law Re-Examined"

That Plessy v. Ferguson (1896) is a landmark case can hardly be disputed. The holding

and the opinion of the Court are reported in every college level American history textbook as a

notorious aid to state-sponsored segregation. But, even in its ignominy, legal historians of all stripes rate it one

of the most important cases in U.S. history. There is more to the story of the case than we have yet told,

however, for Plessy in its time was not regarded as anything more than a realistic statement of law and social

relations. As others have argued, the Court is never very far from public opinion. Indeed, it could be

argued that Plessy laid the foundation for Brown v. Board of Education (1954) in one ironic

sense—for Plessy was the first case in which the Court indulged in sociological jurisprudence.

Further, we must ask ourselves in what way did the litigants and their litigation affect the

case’s outcome. We need to bring local Louisiana politics and the New Orleans litigants themselves back into the

story. The Afro-Creole community that initiated this test case and the lawyers who argued it, particularly Albion W.

Tourgée, made some critical decisions that affected the case in important ways. Like

their test case subject, Homer A. Plessy, the New Orleans community behind the case defied racial categories

in their persons as well as their legal attempts. This was an exceptional group. Tourgée is also a

critical element in the case. It was his approach to the law that shaped this litigation. A reexamination

of this litigation tells us a great deal more about this critical case as well as the

world that produced it and imbued it with meaning.