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Peter Canellos

The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero Hardcover – June 8, 2021

by Peter S. Canellos (Author)

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The “superb” (The Guardian) biography of an American who stood against all the forces of Gilded Age America to fight for civil rights and economic freedom: Supreme Court Justice John Marshall Harlan.

They say that history is written by the victors. But not in the case of the most famous dissenter on the Supreme Court. Almost a century after his death, John Marshall Harlan’s words helped end segregation and gave us our civil rights and our modern economic freedom.

But his legacy would not have been possible without the courage of Robert Harlan, a slave who John’s father raised like a son in the same household. After the Civil War, Robert emerges as a political leader. With Black people holding power in the Republican Party, it is Robert who helps John land his appointment to the Supreme Court.

At first, John is awed by his fellow justices, but the country is changing. Northern whites are prepared to take away black rights to appease the South. Giant trusts are monopolizing entire industries. Against this onslaught, the Supreme Court seemed all too willing to strip away civil rights and invalidate labor protections. So as case after case comes before the court, challenging his core values, John makes a fateful decision: He breaks with his colleagues in fundamental ways, becoming the nation’s prime defender of the rights of Black people, immigrant laborers, and people in distant lands occupied by the US.

Harlan’s dissents, particularly in Plessy v. Ferguson, were widely read and a source of hope for decades. Thurgood Marshall called Harlan’s Plessy dissent his “Bible”—and his legal roadmap to overturning segregation. In the end, Harlan’s words built the foundations for the legal revolutions of the New Deal and Civil Rights eras.

Spanning from the Civil War to the Civil Rights movement and beyond, The Great Dissenter is a “magnificent” (Douglas Brinkley) and “thoroughly researched” (The New York Times) rendering of the American legal system’s most significant failures and most inspiring successes.

Print length

624 pages
Language

English
Publisher

Simon & Schuster
Publication date

June 8, 2021
Dimensions

6 x 1.6 x 9 inches
ISBN-10

1501188208
ISBN-13

978-1501188206
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Editorial Reviews

Review

Named one of the Best Nonfiction Books of the Year by Publishers Weekly

"Solidly accessible and thoroughly researched, it makes a persuasive case for Harlan’s significance and sometimes reads like a mystery." — The New York Times

"[A] superb biography...Canellos writes with fluency, sensitivity and clarity about complex legal arguments....June is the traditional month for major supreme court decisions. One hopes for the moral courage, clarity of thought and practical vision of John Marshall Harlan." — Guardian

"Oneof the most captivating judicial biographies I have read. This is partially due to Canellos' skill as a writer. He displays the journalist's ability to identify and capture a good story, and the talent to turn a phrase. But the thing that makes this book exceptional is how Canellos turns the subject of John Marshall Harlan into a poignant story of time and place in American history.” — The Journal of Supreme Court History

"If the power of one’s dissents are the measure of a justice’s greatness, then John Marshall Harlan, who served on the court between 1877 and 1911, deserves a much bigger tribute...[A] sympathetic and well-written new biography." —Christian Science Monitor

"Written in lively prose and enriched with colorful character sketches and a firm command of the legal issues involved, this is a masterful introduction to two fascinating figures in American history. " — Publishers Weekly (starred review)

"The riveting story of a courageous Kentucky lawyer who initiated significant challenges to anti–civil rights measures during an era of ubiquitous bigotry... An impressive work of deep research that moves smoothly along biographical as well as legal lines." — Kirkus Review (starred review)

"A meticulously researched and acutely analytical biography... Canellos offers a nuanced portrait." —Booklist

"The Great Dissenter is a magnificent biography of the righteous legal trailblazer John Marshall Harlan. Drawing upon a wealth of archival and published sources, deep-diving into the American horror-show of systemic racism, Canellos showcases Harlan as the rare Supreme Court Justice fighting for a more equitable economic system and civil rights for all people. Highly recommended!" — Douglas Brinkley is the Katherine Tsanoff Brown Chair in Humanities and Professor of History at Rice University and New York Times bestselling author of Cronkite and American Moonshot

"What a spectacular achievement! Canellos has single handedly resurrected the memory of a largely forgotten American hero. Far ahead of his time, Justice Harlan denounced corporate power and passionately defended the rights of labor, immigrants and African Americans. On the Supreme Court he was a bold and lonely dissenter, but as this book shows, history vindicates him and awards him a place of high honor in the pantheon of American freedom fighters." — Stephen Kinzer, bestselling author of The Brothers and The True Flag

“Peter Canellos has vividly brought to life an absolutely fascinating story that I’m embarrassed I didn’t know: A man raised in a slave-owning family who became one of the greatest champions of civil rights in the history of the Supreme Court, his lone-dissenter opinions cited decades after his death. John Marshall Harlan needs to be added to our pantheon of American heroes.” — Adam Hochschild, bestselling author of King Leopold’s Ghost and Bury the Chains

"John Marshall Harlan is one of the most fascinating and important figures of modern America, and this book does him justice. Carefully researched, and rewarding even informed readers with rich insight into Harlan’s life and work, The Great Dissenter is a must-read, both for students of the Supreme Court, and for those concerned about the past, present, and future of racial equality in the United States.” — Gabriel J. Chin, Martin Luther King Jr. Professor of Law, University of California, Davis

"Peter Canellos is a brilliant researcher and writer who takes us on an enlightening tour through history made new in retrospect. His focus on Justice John Harlan’s African-American half-brother Robert Harlan, a former slave whose storied career, financial success, and political and race activism were truly remarkable for the day, adds significance and complexity to his storytelling. Both Harlan men taunted and challenged the governmental powers that be, demanding that America tilt toward realizing its best self. This work is a tour de force and every individual interested in the history of our country’s political and societal steps, both forward and back, should consider it must reading." — Elizabeth Dowling Taylor, New York Times bestselling author of A Slave in the White House and The Original Black Elite

"Canellos succeeds in showing us how central Justice Harlan's roots—from his Kentucky background to his half-black brother, Robert Harlan— were to shaping many of his views on controversial social issues and landmark civil rights cases in American history." — Nikki Taylor, Chair of the Department of History, Howard University, and author of Frontiers of Freedom and America's First Black Socialist

"The Great Dissenter is a superb achievement. Based on exhaustive research and well written, this study fully explains the forces that shaped a slaveholding Kentucky Unionist, a forward-looking justice, and a great man." — James C. Klotter, The State Historian of Kentucky, and author of Henry Clay and Kentucky

“Canellos’s tale of the parallel lives of Justice Harlan and his mixed-race brother, Robert Harlan, delve into the complexities of American life in post-Civil War America and make a significant contribution to the history of one of the greatest Justices of the Supreme Court and Robert Harlan, an unsung hero of African American History.” — C. Ellen Connally, Judge (Retired); Former Adjunct Professor of Law, University of Akron College of Law, and member of the Board of Trustees of the Ohio History Connection.

About the Author

Peter S. Canellos is an award-winning writer and former Editorial Page Editor of The Boston Globe and Executive Editor of Politico. He is the editor of the New York Times bestseller, Last Lion: The Fall and Rise of Ted Kennedy.

Product details

Publisher ‏ : ‎ Simon & Schuster; First Edition (June 8, 2021)
Language ‏ : ‎ English
Hardcover ‏ : ‎ 624 pages
ISBN-10 ‏ : ‎ 1501188208
ISBN-13 ‏ : ‎ 978-1501188206
Item Weight ‏ : ‎ 1.68 pounds
Dimensions ‏ : ‎ 6 x 1.6 x 9 inches

Best Sellers Rank: #45,681 in Books (See Top 100 in Books)
- #2 in Civil Rights Law (Books)
- #20 in Lawyer & Judge Biographies
- #230 in Black & African American Biographies

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History teacher approved

Reviewed in the United States on November 8, 2022

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Hubby is a history teacher and had this book on his want list so I surprised him with it. He enjoyed it thoroughly and while I haven’t read it yet, the few pages I randomly skimmed looked interesting.

Reviewed in the United States on February 26, 2022

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I have read 8 or 9 biographies on Supreme Court justices and this is my favorite. It follows an individual with southern ties pre-Civil War and follows his evolution until his death in 1911. Harlan is certainly one of the most important justices to study. It’s hard to believe that some of his dissents were even necessary but that was our country in that era. Like it did for Harlan the book reflects on how this country has evolved and exposes the caprices of decisions from our highest court. The book delves into several significant court cases without getting weighed down in legalese. When a book triggers my interest to look and study beyond its pages I know it was a good one. And Canellos’s definitely did that. I understand some reviewers took exception to the mini biography of Robert Harlan within this book and I, too, had initial reservations of that inclusion but I do think the author wove that part in effectively.

3 people found this helpful

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Haranguer!

A terrific biography of an under-appreciated American jurist!

Reviewed in the United States on June 1, 2022

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This is more than a biography of an outstanding American. It is the story of an era in American politics that is inadequately described in current history textbooks. Would that we could raise John Marshall Harlan from the dead and place him on today's Supreme Court!

One person found this helpful

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Lisa Keeney

An excellent read of Justice Harlan’s lasting legacy.

Reviewed in the United States on September 15, 2021

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Living near Justice Harlan’s birthplace in central Kentucky I can attest that in many ways the diversity in thought and action among the people of our state, as witnessed by John Marshall Harlan, prevails today. From the post Civil War era and the continuing struggle for civil rights Justice Harlan’s dissenting opinions on a range of issues addressed that diversity in keeping with his belief in equality for all. Consistently, as the author notes, Harlan “brought a firmer sense of justice, a more instinctive fairness” to the Court. The Commonwealth of Kentucky takes pride in the legacy of Justice Harlan as well as that of Justice Louis Brandeis. Native sons and distinguished justices in their own right.

6 people found this helpful

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David Philips

Best nonfiction book I have ever read

Reviewed in the United States on August 11, 2021

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I learned about this book listening to David French and Sarah Isgur’s podcast Advisory Opinions. They raved about the book, so I bought a copy and their review was completely accurate. This is fascinating analysis of our country in the second half of the 19th Century written through the lens of Supreme Court decisions and the man who had the foresight, intelligence, and courage to dissent - Justice John Marshall Harlan. The style of writing is almost conversational and does not get bogged down in legalese, so it is page-turning reading for everyone. In fact, this book should be required reading in all high schools as it provides a valuable perspective on our history and puts today’s conflicts into their proper historical perspective.

6 people found this helpful

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Jennifer Kinney

Read this book to understand our country's struggle to manifest constitutional rights

Reviewed in the United States on August 17, 2021

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Wow. I was stunned by this book and how the politicized US Supreme Court in post-reconstruction years resembles our current court - that is, in rejecting basic constitutional rights of citizens and upholding the "rights" of corporations, favoring the wealthy and those in power. Read this book to learn how the Supreme Court post-reconstruction set up emancipation to fail and the rich to rule, and how one justice planted a fierce seed of dissent for others to stand up and demand that we have laws which support the meaning of our Constitution.

6 people found this helpful

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Bobby D

John Marshall Harlan, Giant

Reviewed in the United States on September 8, 2021

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LLC A fascinating story of two men. John M Harlan and his “brother” Robert. John who kept the door of constituonal freedom open a crack in Plessy v Ferguson and continues to influence court opinion saw his family prosper over the years. Robert, shackled by Jim Crow slowly descended into misery and oblivion. A great story

2 people found this helpful

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Ernesto P. Torres Jr

What a visionary was justice Harlan!!!

Reviewed in the United States on August 16, 2021

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This book was the best history I have ever read about the events that lead up to, during and the aftermath of the Civil War. The biography of John Marshall Harlan and his predictions of the aftermath of the post Civil War Supreme Court rulings of that time we're right on. A true unsung American Hero...

6 people found this helpful

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J.N. Le Grandeur

Reason overcomes bias and prejudice in the long run!

Reviewed in Canada on August 5, 2021

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An excellent example of true judicial integrity where personal bias did not overcome judicial independence and objectivity. It is a book all Americans and indeed all people should read to better understand the liberty principles of freedom and equality. It's message is very pertinent to today's world.

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