Plessy v. Ferguson is a foundational Supreme Court case that upheld racial segregation under the “separate but equal” doctrine. It is one of the most important cases for understanding Equal Protection on the bar exam.
The case is frequently tested because it shows how the Supreme Court originally interpreted the 14th Amendment before later reversing course.
What Is Plessy v. Ferguson?
Plessy v. Ferguson held that racial segregation is constitutional as long as the separate facilities are equal.
This decision established the “separate but equal” doctrine, which allowed states to maintain segregated public facilities.
Facts of the Case
Louisiana passed a law requiring separate railway cars for white and Black passengers.
Homer Plessy, who was legally classified as Black, sat in a whites-only railcar and refused to leave.
He was arrested and challenged the law, arguing that it violated the 13th and 14th Amendments.
Issue
Does racial segregation violate the Equal Protection Clause of the 14th Amendment?
Holding
No. The Supreme Court held that segregation is constitutional if the facilities are “separate but equal.”
Why This Case Matters
Plessy is important because it shows the early limits of the Equal Protection Clause.
The Court took a narrow view of equality, allowing states to impose segregation as long as they claimed the facilities were equal.
This framework was later rejected by the Supreme Court in Brown v. Board of Education.
How It Is Tested on the Bar Exam
Plessy is often tested in contrast with modern Equal Protection analysis.
You may be asked to recognize that segregation laws today would be subject to strict scrutiny and likely unconstitutional.
The case is also used to test your understanding of how constitutional interpretation can evolve over time.
Common Exam Traps
Students often assume Plessy is still good law. It is not.
Another mistake is failing to connect Plessy to modern Equal Protection analysis.
A third trap is ignoring the role of the 13th Amendment, which the Court rejected as a basis for invalidating the law.
Where to Go Next
To fully understand how Plessy fits into modern law, you should review:
Equal Protection analysis
Levels of scrutiny
Civil War Amendments
Due Process vs Equal Protection distinctions