For example, Justice Harlan in 1896 Plessy v. Ferguson landmark Supreme Court opinion, wrote, ' There is no caste here.

* 1872 – Harlan Fiske Stone, 12th Chief Justice of the United States ( d. 1946 )

While the U. S. Supreme Court majority in 1896 Plessy explicitly upheld only " separate but equal " facilities ( specifically, transportation facilities ), Justice John Marshall Harlan in his dissent protested that the decision was an expression of white supremacy ; he predicted that segregation would " stimulate aggressions … upon the admitted rights of colored citizens ," " arouse race hate " and " perpetuate a feeling of distrust between races.

In his dissent to the Pollock decision, Justice John Marshall Harlan stated:

By the end of 1941, Roosevelt had appointed seven justices and elevated Harlan Fiske Stone to Chief Justice.

Three serving Associate Justices have received promotions to Chief Justice ; Edward Douglass White in 1910, Harlan Fiske Stone in 1941, and William Rehnquist in 1986.

* October 14 – John Marshall Harlan, U. S. Supreme Court Justice ( b. 1833 )

** Harlan F. Stone, Chief Justice of the United States ( b. 1872 )

* October 11 – Harlan F. Stone, Chief Justice of the United States ( d. 1946 )

His statements in this respect call to mind the statements of US Supreme Court Chief Justice Harlan Fiske Stone who wrote " Chief US prosecutor Jackson is away conducting his high-grade lynching party in Nuremberg, I don't mind what he does to the Nazis, but I hate to see the pretense that he is running a court and proceeding according to common law.

Justice Harlan wrote for the Court in all three cases.

During this time, however, the court was divided 4-4 following the initial conference call because Associate Justice Harlan Fiske Stone, one of the three liberal justices who continuously voted to uphold New Deal legislation, was absent due to an illness ; with this even division on the Court, the holding of the Washington Supreme Court, finding the minimum wage statute constitutional, would stand.

The eminent scholar Justice John Marshall Harlan II took Frankfurter's place as the Court's self-constraint spokesman, often joined by Potter Stewart and Byron R. White.

In 1902, Supreme Court Justice John Marshall Harlan employed this sense of the phrase, saying in a speech that " great captains on both sides of our Civil War have long ago passed over to the silent majority, leaving the memory of their splendid courage.

* Harlan Fiske Stone, Chief Justice of the United States

Nicholson, state senator, U. S. Senator, and Chief Justice of the Tennessee Supreme Court ; Sterling Marlin, NASCAR driver ; Dr. Marion Dorsett, inventor of the serum to control hog cholera ; Fran McKee, first female line officer to hold the rank of rear admiral in the U. S. Navy ; Lyman T Johnson, civil rights movement ; and Raphael Benjamin West former Nashville mayor and Civil Rights ally, noted architect James Edwin Ruthven Carpenter, Jr. and John Harlan Willis, United States Navy sailor and a recipient of the Medal of Honor — for his actions during the Battle of Iwo Jima in World War II.

The decision was handed down by a vote of 7 to 1 with the majority opinion written by Justice Henry Billings Brown and the dissent written by Justice John Marshall Harlan.

Justice John Marshall Harlan, who decried the excesses of the Ku Klux Klan, wrote a scathing dissent in which he predicted the court's decision would become as infamous as that of Dred Scott v. Sandford ( 1857 ).

Justice Harlan challenged the Court's narrow interpretation of the Thirteenth and Fourteenth Amendment in his dissent.

In the majority opinion, written by Justice John M. Harlan, the question to be decided was described as such:

Justice John Marshall Harlan dissented.

The Court's decision was nearly unanimous ; only Justice Harlan F. Stone dissented.

The elevation of Harlan Fiske Stone to Chief Justice, and the appointment of two new members to the Supreme Court, were also factors in the Court's reversal of policy.

Supreme Court Justice Harlan Fiske Stone once quipped, " I think the Jehovah's Witnesses ought to have an endowment in view of the aid which they give in solving the legal problems of civil liberties.

Justice Douglas, dissenting in Wheeling Steel Corp. v. Glander ( 337 U. S. 562, 1949 ), gave an opinion similar to, but shorter than, the one quoted above, to which Justice Black concurred.

In this case, the court lined up in almost the same way as in Lawrence, though in Lawrence Justice O ' Connor concurred in the judgment on different grounds.

Each of the 4-person plurality opinions concurred only with parts of Justice Powell's opinion and not the same parts.

Justice Thomas, writing that the system was " illegal now ", concurred with the majority only on the point that he agreed the system would still be illegal 25 years hence.

Justice Thomas concurred that racial preferences would be unlawful in 25 years, however, he noted that in fact the Court should have found race-based affirmative action programs in higher education unlawful now:

Justice William O. Douglas largely concurred with Black, arguing that the need for a free press as a check on government prevents any governmental restraint on the press.

Justice Brandeis and Justice Holmes concurred in the result because of the Fourteenth Amendment questions, but there is no question that the sentiments are a distinct dissent from the views of the prevailing majority and supported the First Amendment.

Chief Justice Earl Warren worried that " broad language used here may eventually be applied to the arts and sciences and freedom of communication generally ," but, agreeing that obscenity is not constitutionally protected, concurred only in the judgment.

Justice John Marshall Harlan II dissented in Roth, involving a federal statute, but concurred in Alberts, involving a state law, on the grounds that while states had broad power to prosecute obscenity, the federal government did not.

Justice Antonin Scalia concurred in the judgment but disagreed with the majority's standard.

Justice David Souter, joined by Justice Ruth Bader Ginsburg, concurred with the plurality's judgment that due process protections must be available for Hamdi to challenge his status and detention, providing a majority for that part of the ruling.

In some instances, Justice Harlan concurred in the result, while in many other cases he found himself in dissent.

In an opinion by Justice Stanley Forman Reed, which three other justices ( Chief Justice Vinson and Associate Justices Hugo Black, Robert H. Jackson ) joined, and with which Justice Felix Frankfurter concurred, the Court held that re-executing Francis did not constitute double jeopardy or cruel and unusual punishment.

Justice James M. Johnson also issued a separate opinion, co-signed by Justice Richard B. Sanders, which concurred in judgment only.

Justices Blackmun and Powell, and Chief Justice Burger concurred in the result, but, in an opinion written by Justice Powell, declined to decide whether discrimination on the basis of sex should attract strict scrutiny.

" Justice Stewart also concurred in the result, but said nothing about the Equal Rights Amendment ; instead, he stated only that he agreed that the statutes in question " work an invidious discrimination in violation of the Constitution.

Chief Justice William Rehnquist concurred in the result, but would have decided the case on narrower grounds, within the older Roberts framework.