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Louisville, New Orleans & Texas Pacific Railway v. Mississippi 133 U.S. 587 (1890)

LOUISVILLE, NEW ORLEANS & TEXAS PACIFIC RAILWAY v. MISSISSIPPI 133 U.S. 587 (1890)

A 7–2 Supreme Court held here that a state might lawfully require railroads to provide "equal but separate accommodations" without burdening interstate commerce. The majority distinguished hall v. decuir (1878) because the Louisiana Supreme Court had held in that case that the state act prohibiting segregation unlawfully regulated interstate commerce. Here, the Mississippi Supreme Court had said that the Mississippi statute applied solely to intrastate commerce. Moreover, this case did not involve a refusal of accommodations (as in DeCuir), so no question of "personal rights" arose. Justice john marshall harlan, dissenting, relied on DeCuir.

David Gordon
(1986)

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