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Thurgood Marshall

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Thurgood Marshall
Nominated byLyndon B. Johnson
Preceded byTom C. Clark
Succeeded byClarence Thomas

Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American jurist and the first African American to serve on the Supreme Court of the United States.

Marshall was born in Baltimore, Maryland, on July 2, 1908. His original name was Thoroughgood but he shortened it to Thurgood in second grade. His father, William Marshall, instilled in him an appreciation for the Constitution of the United States and the rule of law. Additionally, as a child, he was punished for his school misbehavior by being forced to read the Constitution, which he later said piqued his interest in the document. Marshall was the grandson of a slave.

Marshall was married twice; to Vivian "Buster" Burey from 1929 until her death from cancer in February 1955 and to Cecilia "Cissy" Suyat from December 1955 until his own death in 1993. He had two sons from his second marriage ; Thurgood Marshall Jr., a former top aide to President Bill Clinton, and John W. Marshall, who is a former United States Marshals Service Director, and since 2002 has served as Virginia Secretary of Public Safety under Governors Mark Warner and Tim Kaine.

Education

Marshall graduated from Lincoln University, PA in 1930. Afterward, Marshall wanted to apply to his hometown law school at the University of Maryland School of Law, but the dean told him that he shouldn't bother because he would not be accepted due to the school's segregation policy. Later, as a civil rights litigator, he successfully sued the school for this policy in the case of Murray v. Pearson. Instead, Marshall sought admission and was accepted at Howard University. He was influenced by its dynamic new dean, Charles Hamilton Houston, who instilled in his students the desire to apply the tenets of the Constitution to all Americans.

Marshall was a member of Alpha Phi Alpha, the first intercollegiate Black Greek-letter fraternity, established by African American students in 1906.

Law career

Murray v. Pearson

Main article: Murray v. Pearson

Marshall received his law degree from Howard in 1933, and set up a private practice in Baltimore. The following year, he began working with the Baltimore NAACP. He won his first major civil rights case, Murray v. Pearson, 169 Md. 478 (1936). This involved the first attempt to chip away at Plessy v. Ferguson, a plan created by his co-counsel on the case Charles Hamilton Houston. Marshall represented Donald Gaines Murray, a black Amherst College graduate with excellent credentials who had been denied admission to the University of Maryland Law School because of its separate but equal policies. This policy required black students to accept one of three options, attend: Morgan College, the Princess Anne Academy, or out-of-state black institutions. In 1935, Thurgood Marshall argued the case for Murray, showing that neither of the in-state institutions offered a law school and that such schools were entirely unequal to the University of Maryland. Marshall and Houston expected to lose and intended to appeal to the federal courts. The Maryland Court of Appeals ruled against the state of Maryland and its Attorney General, who represented the University of Maryland, stating "Compliance with the Constitution cannot be deferred at the will of the state. Whatever system is adopted for legal education now must furnish equality of treatment now". Because the state did not appeal the ruling in the federal courts, this state ruling under the U.S. Constitution was the first to overturn Plessy. While it was a moral precedent, it had no authority outside the state of Maryland.

File:Tmarshall.jpg
George E.C. Hayes, Thurgood Marshall, and James Nabrit, congratulating each other, following Supreme Court decision declaring segregation unconstitutional

Chief Counsel for the NAACP

Marshall won his first Supreme Court case, Chambers v. Florida, 309 U.S. 227 (1940). At the age of 32, that same year, he was appointed Chief Counsel for the NAACP. He argued many other cases before the Supreme Court, most of them successfully, including Smith v. Allwright, 321 U.S. 649 (1944); Shelley v. Kraemer, 334 U.S. 1 (1948); Sweatt v. Painter, 339 U.S. 629 (1950); and McLaurin v. Oklahoma State Regents, 339 U.S. 637 (1950). His most famous case as a lawyer was Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), the case in which the Supreme Court ruled that "separate but equal" public education was unconstitutional because it could never be truly equal. In total, Marshall won 29 out of the 32 cases he argued before the Supreme Court.

During the 1950s, Thurgood Marshall developed a friendly relationship with J. Edgar Hoover, the director the Federal Bureau of Investigation. In 1956, for example, he privately praised Hoover's campaign to discredit T.R.M. Howard, a maverick civil rights leader from Mississippi. During a national speaking tour, Howard had criticized the FBI's failure to seriously investigate cases such as the 1955 murders of George W. Lee and Emmett Till. Ironically, two years earlier Howard had arranged for Marshall to deliver a well-received speech at a rally of his Regional Council of Negro Leadership in Mound Bayou, Mississippi only days before the Brown decision.

President John F. Kennedy appointed Marshall to the United States Court of Appeals for the Second Circuit in 1961. A group of Democratic Party Senators led by Mississippi's James Eastland and West Virginia's Robert Byrd held up his confirmation, so he served for the first several months under a recess appointment. Marshall remained on that court until 1965, when President Lyndon B. Johnson appointed him Solicitor General.

U.S. Supreme Court

On June 13, 1967, President Johnson appointed Marshall to the Supreme Court following the retirement of Justice Tom C. Clark, saying that this was "the right thing to do, the right time to do it, the right man and the right place." He was the 96th person to hold the position, and the first African-American. President Johnson confidently predicted to one biographer, Doris Kearns Goodwin, that a lot of black baby boys would be named "Thurgood" in honor of this choice (in fact, Kearns's research of birth records in New York and Boston indicates that Johnson's prophecy did not come true).

Marshall served on the Court for the next twenty-four years, compiling a liberal record that included strong support for Constitutional protection of individual rights, especially the rights of criminal suspects against the government. His most frequent ally on the Court (indeed, the pair rarely voted at odds) was Justice William Brennan, who consistently joined him in supporting abortion rights and opposing the death penalty. Brennan and Marshall concluded in Furman v. Georgia that the death penalty was, in all circumstances, unconstitutional, and never accepted the legitimacy of Gregg v. Georgia, which ruled four years later that the death penalty was constitutional in some circumstances. Thereafter, Brennan or Marshall dissented from every denial of certiorari in a capital case and from every decision upholding a sentence of death. See Woodward, The Brethren; Lazarus, Closed Chambers.

Although he is best remembered for his jurisprudence in the fields of civil rights and criminal procedure, Marshall made significant contributions to other areas of the law as well. In Teamsters v. Terry he held that the Seventh Amendment required the plaintiff in a suit against a labor union for breach of duty of fair representation. In TSC Industries, Inc. v. Northway, Inc. he articulated a formulation for the standard of materiality in United States securities law that is still applied & used today. In Cottage Savings Association v. Commissioner of Internal Revenue, he weighed in on the tax consequences of the Savings and Loan crisis, permitting a savings and loan association to deduct a loss from an exchange of mortgage participation interests.

Among his many law clerks were Chief Judge Douglas Ginsburg of the D.C. Circuit Court of Appeals, well-known law professors Cass Sunstein and Eben Moglen, and prominent critical legal studies advocate and constitutional law professor Mark Tushnet.

Death

Marshall died of heart failure at National Naval Medical Center in Bethesda, Maryland, at 2 p.m. on January 24, 1993. He was buried in Arlington National Cemetery. He was survived by his second wife, Cecilia Marshall, and their two sons, Thurgood Marshall Jr. and John W. Marshall. Marshall left all of his personal papers and notes to the Library of Congress. The Librarian of Congress opened Marshall's papers for immediate use by scholars, journalists and the public, insisting that this was Marshall's intent. The Marshall family and several of his close associates disputed this. There is a memorial to Justice Marshall near the Maryland State House.

Timeline of Marshall's life

Marshall in 1957

1930 - Marshall graduates with honors from Lincoln University, PA (cum laude)

1933 - Receives law degree from Howard University (magna cum laude); begins private practice in Baltimore, Maryland

1934 - Begins to work for Baltimore branch of NAACP

1935 - Worked with Charles Houston, wins first major civil rights case, Murray v. Pearson

1936 - Becomes assistant special counsel for NAACP in New York

1940 - Wins Chambers v. Florida, the first of 29 Supreme Court victories

1943 - Won case for integration of schools in Hillburn, New York

1944 - Successfully argues Smith v. Allwright, overthrowing the South's "white primary"

1946 -Thurgood Marshall received a medal from the NAACP

1948 - Wins Shelley v. Kraemer, in which Supreme Court strikes down legality of racially restrictive covenants

1950 - Wins Supreme Court victories in two graduate-school integration cases, Sweatt v. Painter and McLaurin v. Oklahoma State Regents

1951 - Visits South Korea and Japan to investigate charges of racism in U.S. armed forces. He reported that the general practice was one of "rigid segregation".

1954 - Wins Brown v. Board of Education of Topeka, landmark case that demolishes legal basis for segregation in America

1956 - Wins Browder v. Gayle, Ending the practice of segregation on buses and ending the Montgomery Bus Boycott.

1961 - Defends civil rights demonstrators, winning Supreme Circuit Court victory in Garner v. Louisiana; nominated to Second Court of Appeals by President J.F. Kennedy

1961 - Appointed circuit judge, makes 112 rulings, all of them later upheld by Supreme Court (1961-1965)

1965 - Appointed United States Solicitor General by President Lyndon B. Johnson; wins 14 of the 19 cases he argues for the government (1965-1967)

1967 - Becomes first African American elevated to U.S. Supreme Court (1967-1991)

1991 - Retires from the Supreme Court

1993 - Dies at age 84 in Bethesda, MD, near Washington, D.C.

For more, see Bradley C. S. Watson, "The Jurisprudence of William Joseph Brennan, Jr., and Thurgood Marshall" in History of American Political Thought.

Dedications

  • The Thurgood Marshall Living Learning Center is a 324 room Modern Dormitory/Conference Center located at Chief Justice Marshall's alma mater Lincoln University, PA .
  • On February 14, 1976, the law school at Texas Southern University was formally named The Thurgood Marshall School of Law. The school's mission is to "significantly impact the diversity of the legal profession."
  • In 1987, the Thurgood Marshall Scholarship Fund was established to carry on Justice Marshall's legacy of equal access to higher education by supporting exceptional merit scholars attending America's Public Historically Black Colleges and Universities.
  • The Illinois General Assembly named the portion of Interstate 57 from Cairo to Chicago the Thurgood Marshall Memorial Freeway.

References

  • Juan Williams, Thurgood Marshall: American Revolutionary (1998 book).
  • David T. Beito and Linda Royster Beito, T.R.M. Howard: Pragmatism over Strict Integrationist Ideology in the Mississippi Delta, 1942-1954 in Glenn Feldman, ed., Before Brown: Civil Rights and White Backlash in the Modern South (2004 book), 68-95.
Preceded byNew seat Judge of the U.S. Court of Appeals for the Second Circuit
1962-1965 		Succeeded byWilfred Feinberg
Preceded byArchibald Cox Solicitor General
1965–1967 		Succeeded byErwin N. Griswold
Preceded byTom C. Clark Associate Justice of the Supreme Court of the United States
October 2, 1967 – October 1, 1991 		Succeeded byClarence Thomas
United States solicitors general
Seal of the United States Department of Justice
Acting officeholders shown in italics

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