John Marshall Harlan

John Marshall Harlan

Interment LocationVisitedSequence in Graves I Have Visited
Washington, D.C.July 26, 201519th Supreme Court Justice visited

"If the mode adopted by the commonwealth of Massachusetts for the protection of its local communities against smallpox proved to be distressing, inconvenient, or objectionable to some,—if nothing more could be reasonably affirmed of the statute in question,—the answer is that it was the duty of the constituted authorities primarily to keep in view the welfare, comfort, and safety of the many, and not permit the interests of the many to be subordinated to the wishes or convenience of the few. There is, of course, a sphere within which the individual may assert the supremacy of his own will, and rightfully dispute the authority of any human government, especially of any free government existing under a written constitution, to interfere with the exercise of that will. But it is equally true that in every well-ordered society charged with the duty of conserving the safety of its members the rights of the individual in respect of his liberty may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand."
- John Marshall Harlan
in the majority opinion written for the case Jacobson v. Massachusetts, decided by the U.S. Supreme Court on February 20, 1905

Sources Consulted

Cornell Law School. “HENNING JACOBSON, Plff. in Err., v. COMMONWEALTH OF MASSACHUSETTS.” Accessed August 7, 2022. https://www.law.cornell.edu/supremecourt/text/197/11.

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