In the recent Supreme Court decision, Sessions v. Dimaya, Justice Neil Gorsuch made not just one, but two references to Justice John Marshall Harlan’s constitutional law lecture on Wong Kim Ark. These mentions of Justice Harlan’s lecture serve as a powerful reminder of the enduring impact of his judicial philosophy.
To fully understand the significance of this reference, we must first understand who Wong Kim Ark and Justice Harlan are. Wong Kim Ark was a man who was born in San Francisco in 1873 to Chinese immigrant parents. Despite being born and raised in the United States, he was denied re-entry into the country after a trip to China due to the Chinese Exclusion Act. This exclusion act was a federal law that prohibited the immigration of Chinese laborers, and it was during this time that Wong Kim Ark’s case reached the Supreme Court.
Justice John Marshall Harlan was one of the Supreme Court justices who heard Wong Kim Ark’s case. He was known for his staunch defense of individual liberties and his strong belief in the protection of the Constitution. In his dissenting opinion, he argued that Wong Kim Ark was a U.S. citizen by birth and that any law that denied him entry into his own country was unconstitutional.
Justice Harlan’s lecture on Wong Kim Ark’s case has been hailed as a landmark in constitutional law and has been referenced in several other cases. It is a testament to the enduring legacy of a man who stood up for justice and equality.
Fast forward to 2018, and Justice Gorsuch’s references to Justice Harlan’s lecture on Wong Kim Ark came at a time when the issue of immigration and citizenship is once again at the forefront of national discourse. In the case of Sessions v. Dimaya, the Supreme Court was tasked with determining whether a criminal statute’s definition of “crime of violence” was too vague to be enforced.
In his opinion, Justice Gorsuch referenced Justice Harlan’s dissent in Wong Kim Ark and acknowledged that it was a “celebrated case” and “one of our first cases to address the meaning of birthright citizenship.” He also noted that Justice Harlan’s approach to interpretation of the Constitution was “principled and true to its own time.”
By referencing Justice Harlan’s lecture, Justice Gorsuch is paying tribute to the legacy of a great jurist and signaling his own adherence to the principles of constitutional interpretation. He is also acknowledging the significant impact that the ruling in Wong Kim Ark had on the development of constitutional law.
But perhaps the most powerful aspect of Justice Gorsuch’s references to Justice Harlan is the message it sends to the American people. In a time of political division and uncertainty, these references serve as a reminder of the unifying power of the Constitution and the importance of upholding the principles of equal protection and due process for all individuals, regardless of their ethnicity or background.
Through his references to Justice Harlan’s lecture, Justice Gorsuch is also highlighting the crucial role of dissent in shaping legal discourse and paving the way for progress. Justice Harlan’s dissent in Wong Kim Ark may have been in the minority at the time, but it ultimately influenced future decisions and helped pave the way for a more just and fair society.
In conclusion, Justice Gorsuch’s references to Justice Harlan’s constitutional law lecture on Wong Kim Ark speak volumes about the enduring impact of both the case and the man who wrote the dissenting opinion. It serves as a reminder of the importance of upholding the principles of the Constitution and the power of dissent in shaping the course of our nation’s history. As we continue to navigate through challenging times, let us heed the wisdom of these great jurists and strive towards a more just and equal society for all.