Louisville, New Orleans, and Texas Railway Co. v. Mississippi

Date: March 3, 1890

Citation: 133 U.S. 587

Issues: Commerce clause; separate but equal doctrine

Significance: The Supreme Court upheld a Mississippi law mandating separate but equal accommodations on a railroad, despite its effect on interstate commerce.

By a 7-2 vote, the Supreme Court upheld a Mississippi statute requiring railroads to provide “equal, but separate accommodations” for African Americans and whites. The Louisville, New Orleans, and Texas Railway Company found this expensive and alleged the statute interfered with interstate commerce, but Justice David J. Brewer, who wrote the majority opinion, could see nothing wrong with requiring a railroad to add a car every time it crossed over into Mississippi. Brewer, as typical of the Court in that age, did not even comment on Mississippi’s position that this law affected only intrastate commerce. Justice John Marshall Harlan dissented, maintaining that the state was interfering with the federal government’s right to regulate commerce.

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