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Plessy v. Ferguson
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===State appeal=== The Louisiana Supreme Court issued a temporary writ of prohibition while it reviewed Plessy's case. In December 1892, the court upheld Judge Ferguson's ruling,{{sfnp|Elliott|2006|p=270}} and denied Plessy's attorneys' subsequent request for a rehearing.{{sfnp|Lofgren|1987|p=43}}<ref>{{cite news |last1=Gates |first1=Henry Louis |title='Plessy v. Ferguson': Who Was Plessy? |url=https://www.pbs.org/wnet/african-americans-many-rivers-to-cross/history/plessy-v-ferguson-who-was-plessy/ |access-date=27 October 2021 |work=PBS}}</ref> In speaking for the court's decision that Ferguson's judgment did not violate the 14th Amendment, Louisiana Supreme Court Justice [[Charles Erasmus Fenner]] cited a number of precedents, including two key cases from Northern states. The Massachusetts Supreme Court had ruled in 1849—before the 14th amendment—that segregated schools were constitutional. In answering the charge that segregation perpetuated race prejudice, the Massachusetts court famously stated: "This prejudice, if it exists, is not created by law, and probably cannot be changed by law."<ref>''[[Sarah C. Roberts v. City of Boston]]'', 59 Massachusetts 198, 5 Cush. 198 (Massachusetts S.J.C. 1848).</ref> The law itself was repealed five years later, but the precedent stood.<ref name="JimCrowLaws-p30">{{cite book|url=https://books.google.com/books?id=5q5yXP8AdNEC&pg=PA30|title=Jim Crow laws|last=Tischauser|first=Leslie V.|date=2012|publisher=Greenwood|location=Santa Barbara, California|isbn=978-0-313-38609-1|page=30}}</ref> In a Pennsylvania law mandating separate railcars for different races the Pennsylvania Supreme Court stated: "To assert separateness is not to declare inferiority ... It is simply to say that following the order of Divine Providence, human authority ought not to compel these widely separated races to intermix."<ref>{{cite book|author=H. W. Brands|title=American Colossus: The Triumph of Capitalism 1865–1900|location=New York|publisher=Random House|date=2010|pages=463–464}}</ref><ref name="JimCrowLaws-p30"/>
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