Justice Harlan read the Thirteenth Amendment to cover badges of slavery

Evidence

Once again Justice Harlan dissented from the majority opinion. He would have ruled in favor of the black workers because the Thirteenth Amendment was designed to end not just slavery itself but all “incidents or badges” of slavery. The eight workers, in his view, were victims of a conspiracy of white men who wanted to rob them of their right to work, which was a clear badge of slavery. Inhibiting these black workers from making valid contracts for services solely because of their race, he recognized, was an incident of slavery that “the 13th Amendment destroyed.” — Dorothy A. Brown, Getting to Reparations, 402

Categorization

• DEFINE: Introduces the ‘badges and incidents of slavery’ doctrine that grounds Brown’s conception of lingering harm.
• XREF: Harlan’s badges-of-slavery reading is essential to the saturated-system argument for reparations. This is ammunition for defending the case. — connects to: Harlan held that the Thirteenth Amendment destroys all incident or badge of slavery — Dorothy A. Brown, Getting to Reparations: How Building a…, 402; Congress may legislate against slavery’s badges and incidents under the Thirteenth Amendment — Dorothy A. Brown, Getting to Reparations: How Building a…, 578; The Thirteenth Amendment’s drafters intended broad civil-rights power beyond chattel slavery — Dorothy A. Brown, Getting to Reparations: How Building a…, 857
• yield-rescued: below the book’s yield-target cutoff, included anyway for connecting to: Harlan held that the Thirteenth Amendment destroys all incident or badge of slavery — Dorothy A. Brown, Getting to Reparations: How Building a…, 402; Congress may legislate against slavery’s badges and incidents under the Thirteenth Amendment — Dorothy A. Brown, Getting to Reparations: How Building a…, 578; The Thirteenth Amendment’s drafters intended broad civil-rights power beyond chattel slavery — Dorothy A. Brown, Getting to Reparations: How Building a…, 857

Broader Connections

• Harlan held that the Thirteenth Amendment destroys all incident or badge of slavery #corroborates (0.98) — Dorothy A. Brown, Getting to Reparations, 402