Some jurists argued that the Fourteenth Amendment made the entirety of the Bill of Rights binding upon the states as well.  Seeking to appoint a Southerner to the Supreme Court in the aftermath of the acrimonious and disputed 1876 presidential election, Hayes settled on Harlan. , Despite his many dissents, Harlan has been described as one of the most influential Supreme Court justices of the twentieth century. He is known for playing Ezekiel Jones on the 2014–2018 American adventure television series The Librarians. He is often called "The Great Dissenter" due to his many dissents in cases that restricted civil liberties, including the Civil Rights Cases and Plessy v. Ferguson.  He was elected a Fellow of the American Academy of Arts and Sciences in 1960.
 After graduating from the university in 1920 with an Artium Baccalaureus degree, he received a Rhodes Scholarship, which he used to attend Balliol College, Oxford, making him the first Rhodes Scholar to sit on the Supreme Court.  On being nominated, the reticent Harlan called reporters into his chambers in New York, and stated, in full, "I am very deeply honored. He voted with the majority in Cooper v. Aaron, compelling defiant officials in Arkansas to desegregate public schools.
The Supreme Court did not rule on the Civil Rights Act of 1875 until 1883, when it struck down the law in Civil Rights Cases.
, Though considered for a number of positions in the new administration, most notably for Attorney General, initially the only job Harlan was offered was as a member of a commission sent to Louisiana to resolve disputed statewide elections there.
 He was named after United States Supreme Court Chief Justice John Marshall, whom his father admired. He was the first Supreme Court justice to advocate the incorporation of the Bill of Rights, and his majority opinion in Chicago, Burlington & Quincy Railroad Co. v. City of Chicago (1897) incorporated the Takings Clause. The Supreme Court did not rule on the Civil Rights Act of 1875 until 1883, when it struck down the law in Civil Rights Cases.  She suffered from Alzheimer's disease for the last seven years of her life.. At the firm, he served as chief assistant for senior partner Emory Buckner and followed him into public service when Buckner was appointed United States Attorney for the Southern District of New York.  In 1870, Harlan and Newman briefly took on a new partner, Benjamin Bristow, but President Grant appointed Bristow as U.S. solicitor general later that year.
 He won the Legion of Merit from the United States, and the Croix de guerre from both France and Belgium. Awarded a Rhodes Scholarship, he studied law at Balliol College, Oxford.  Harlan was an ideological adversary—but close personal friend—of Justice Hugo Black, with whom he disagreed on a variety of issues, including the applicability of the Bill of Rights to the states, the Due Process Clause, and the Equal Protection Clause.
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