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Fact File
Student Activities
Summary
- Early Life and Legal Career
- Career in Court of Appeals and as a Solicitor General
- Career in the Supreme Court
- Death and Legacy
Key Facts And Information
Let’s know more about Thurgood Marshall!
Thoroughgood ‘Thurgood’ Marshall was an American civil rights lawyer and judge who was an associate justice on the Supreme Court of the United States from 1967 to 1991. He was the first African-American to serve on the Supreme Court. Before he became a judge, he was a civil rights lawyer who led the National Association for the Advancement of Colored People (NAACP) Legal Defence and Educational Fund. Marshall was a well-known person in the fight to end racial segregation in American public schools.
EARLY LIFE AND LEGAL CAREER OF THURGOOD MARSHALL
- Thurgood Marshall, born in Baltimore, Maryland, on 2 July 1908, was one of the most significant figures in the history of American civil rights. His mother, Norma, was a primary school teacher, and his father, William Canfield Marshall, worked in various service jobs, including as a waiter in hotels, clubs and railway cars. The family moved to New York City soon after Marshall was born in search of better opportunities, but they returned to Baltimore when he was six years old. Marshall was a lively and sometimes naughty child from a young age, and he often got into trouble.
- His father was one of the most important people in his life because he enjoyed following court cases. Marshall often accompanied him to court to observe trials and learn how to argue. He later said that even though his father never directly told him to become a lawyer, he taught him how to argue by making him prove every point, even when they were discussing something else. Marshall’s schooling set the stage for his later successes. He graduated with honours from the Coloured High and Training School, which was later named Frederick Douglass High School, in 1925.
- He also went to Lincoln University in Chester County, Pennsylvania, that same year. It is the oldest historically Black college in the United States. Marshall got into trouble at Lincoln for misbehaviour and was suspended for two weeks following a hazing incident. Still, he excelled academically, earning good grades and leading the debate team to numerous victories. After completing his undergraduate studies, Marshall aspired to attend law school. However, his application to the all-white University of Maryland Law School was rejected due to his race.
- This experience of being discriminated against in his own life drove him to work hard. Instead, Marshall applied to Howard University School of Law in Washington, D.C., and was accepted.
- He studied at Howard with Charles Hamilton Houston, a brilliant lawyer who taught his students to become ‘social engineers’, lawyers who would use the law to fight for civil rights and social justice. Marshall did very well with Houston’s help. He graduated first in his class in June 1933 and then took the Maryland bar exam later that year.
- Marshall started his career as a lawyer in Baltimore, where he opened a practice. The practice did not generate much money, mostly because Marshall spent a significant amount of time helping his community. He got involved with the Baltimore branch of the National Association for the Advancement of Coloured People (NAACP). In 1935, Marshall and Houston filed a lawsuit against the University of Maryland on behalf of Donald Gaines Murray, an African-American student who was denied admission to the law school because of his race.
- Judge Eugene O’Dunne ruled in the case of Murray v. Pearson that Murray should be allowed to enter. The Maryland Court of Appeals upheld the decision, saying that letting white students in while keeping African-American students out of in-state law schools was a violation of equal protection.
- The United States Supreme Court never heard an appeal of the ruling, so it did not have nationwide application. However, it was a big win for Marshall both personally and professionally. He later said that part of the reason he filed the case was because he wanted to ‘get even’ with the school that had turned him away.
- In 1936, Marshall moved to New York to work with Charles Hamilton Houston, who had been named special counsel for the NAACP. They worked on important cases together, like Missouri ex rel. Gaines v. Canada (1938), in which Lloyd Gaines sued because he was turned down for admission to the University of Missouri’s law school. Marshall took over as special counsel when Houston went back to Washington in 1938. Later, he became the director-counsel of the NAACP Legal Defence and Educational Fund, Inc. (Inc Fund).
- Marshall did more than argue cases; he also raised money, ran the business, and did public relations work. By the mid-1940s, he was recognised as one of the top civil rights lawyers. He successfully fought against pay differences for Black teachers in the South, and by 1945, these differences were no longer present. Marshall fought 32 civil rights cases in front of the Supreme Court during his career, and he won 29 of them. Smith v. Allwright (1944), which ended the white primary in Texas; Morgan v. Virginia (1946), which made it illegal to segregate people on buses across state lines; and Shelley v. Kraemer (1948), which addressed racially restrictive housing covenants, were some of his most significant victories.
- Marshall was also a member of the Board of Directors of the American Civil Liberties Union (ACLU) from 1939 to 1947. During this time, he was very vocal about civil liberties. He spoke out against Roosevelt’s Executive Order 9066, which led to the internment of Japanese Americans, and he criticised the 1944 Sedition Trial, where right-wing opponents of Roosevelt’s foreign policy were tried, which Marshall thought was a violation of First Amendment rights.
- Marshall stepped up his fight against racial segregation in schools after World War II. In the case of Sipuel v. Board of Regents of the University of Oklahoma (1948), he won a ruling that Ada Lois Sipuel had to get a legal education in Oklahoma. In 1950, Marshall argued two important cases: McLaurin v. Oklahoma State Regents, which dealt with George W. McLaurin being treated unfairly at a graduate school, and Sweatt v. Painter, in which Heman Sweatt fought against being left out of the University of Texas Law School.
- Both decisions agreed that separate schools for Black students were inferior. However, the Court did not go so far as to overturn the ‘separate but equal’ doctrine established in Plessy v. Ferguson (1896). In Brown v. Board of Education, Marshall did his best work. The NAACP brought together cases from Delaware, the District of Columbia, Kansas, South Carolina and Virginia, saying that segregated schools hurt Black kids’ mental and social health. In the South Carolina case, Marshall called on social scientists like Kenneth Clark to testify that segregation made Black students hate themselves. The Supreme Court heard arguments in December 1952.
- On 17 May 1954, Chief Justice Earl Warren read the Court’s unanimous decision, which said, ‘Separate educational facilities are inherently unequal.’ Marshall said that when he heard the ruling, he was so happy that he felt numb. The decision was crucial, but implementing it proved to be challenging. The Court instructed Brown II (1955) to ‘proceed with all deliberate speed,’ a vague order that Marshall did not like, as he wanted full integration by September 1956.
- In the South, there was significant resistance, especially in Virginia, where state leaders initiated a campaign called ‘massive resistance’. Marshall kept fighting back and won the case Cooper v. Aaron (1958), which was about Little Rock’s attempt to delay integration.
- By the end of the 1950s, Marshall was not only the most well-known Supreme Court lawyer in the country, but he was also a prominent civil rights leader who delivered speeches and raised funds for the cause.
- Marshall had an impact on people outside the United States as well. For example, in 1960, he accepted an invitation from Tom Mboya, a Kenyan trade unionist, to help write Kenya’s constitution. At this point, Marshall had made a name for himself as a tireless champion of justice and equality, which set the stage for his eventual appointment to the United States Supreme Court.
CAREER IN COURT OF APPEALS AND AS A SOLICITOR GENERAL
- United States President John F. Kennedy nominated Marshall to the United States Court of Appeals for the Second Circuit on 23 September 1961, as part of his administration’s commitment to advancing the African-American community in society. The Second Circuit, which included New York, Vermont and Connecticut, was one of the most powerful appellate courts in the country. Kennedy gave Marshall a recess appointment after Congress adjourned without confirming the nomination. Marshall took office on 23 October 1961.
- Southern senators who opposed Marshall’s appointment as a federal judge made it difficult for him to receive full Senate confirmation, despite his temporary appointment to the position.
- The Senate Judiciary subcommittee, which was mostly made up of two Southern Democrats who wanted to keep segregation, put off his hearings for more than eight months.
- Senator Kenneth Keating, a Republican from New York, stated publicly that the subcommittee was unfair and was delaying work for no apparent reason. Marshall had to deal with numerous angry questions during hearings from May to August 1962. Scholar Howard Ball says that the questions were only about ‘marginal issues at best’. Finally, on 7 September 1962, the full Judiciary Committee voted 11–4 to support Marshall’s nomination, overriding the subcommittee’s decision. On 11 September 1962, the Senate voted 56–14 to confirm him after five hours of debate.
- During his time on the Second Circuit, Marshall wrote 98 majority opinions, 8 concurrences and 12 dissents. The Supreme Court did not change any of these. His opinions showed that he believed in broad interpretations of constitutional rights. For instance, in the United States ex rel. In Angelet v. Fay (1964), he disagreed with a decision that limited the retroactive application of Mapp v. Ohio, which had extended the exclusionary rule to the states. Marshall contended that the judiciary lacked the authority to limit the extent of a recognised constitutional right.
- He decided in United States v. Wilkins (1964) that the Fifth Amendment’s protection against double jeopardy applied to the states. In People of the State of New York v. Galamison (1965), he also disagreed with a decision that upheld the convictions of civil rights protesters at the New York World’s Fair. His judicial writings, taken together, were a strong defence of civil liberties and broad protections in the Constitution.
- Many people thought that Marshall’s time as a judge would lead to an even higher job. In 1965, President Lyndon B. Johnson, who succeeded Kennedy in 1963, appointed him to be the United States’ Solicitor General.
- Marshall was the Solicitor General, which meant he was the federal government’s primary lawyer before the Supreme Court. He argued 19 cases and won 14 of them.
- He later said that the job was ‘the most effective job’ and maybe the best one he ever had. As Solicitor General, Marshall was at the centre of important constitutional issues in the 1960s.
- One of his most famous cases was Harper v. Virginia State Board of Elections (1966), in which he argued that requiring people to pay a poll tax in order to vote was a violation of their constitutional rights.
- He also represented the government in a related case to Miranda v. Arizona (1966), where he unsuccessfully argued that federal agents should not always be required to inform suspects of their rights upon arrest. Even though Miranda lost, the case became famous for establishing the ‘Miranda rights’.
- One of the most important civil rights laws of the time, the Voting Rights Act of 1965, was successfully defended by Marshall. The Supreme Court ruled in South Carolina v. Katzenbach (1966) that Congress had the right to enforce voting protections, turning down the state’s challenge.
- In Katzenbach v. Morgan (1966), he won again, and the Court agreed that Congress had the power to ban literacy tests as unfair barriers to voting.
- As Solicitor General, Marshall demonstrated that he was both a skilled lawyer and deeply committed to civil rights. His performance made him even more well-known as one of the best lawyers in the country who argues cases before the Supreme Court, and it made him an obvious choice for the highest court in the land.
CAREER IN THE SUPREME COURT
- In 1967, Johnson made history by choosing Marshall to be a Supreme Court Justice. Johnson, who had already made Marshall the Solicitor General two years earlier, thought that putting him on the Supreme Court would honour Marshall’s legal career and help the cause of civil rights. Johnson made the nomination official on 13 June 1967. If confirmed, Marshall would be the first African-American to serve on the Supreme Court.
- Even though he was a well-known lawyer and judge, Marshall faced opposition in the Senate, especially from Southern senators who did not want civil rights to move forward. Some critics argued that the questions posed during his confirmation hearings were hostile or irrelevant, focusing more on his beliefs than on his qualifications. However, President Johnson and many senators strongly supported Marshall because they knew he was a legal expert with a history of breaking new ground. The Senate confirmed him on 30 August 1967, after weeks of debate. The vote was 69 to 11. His appointment was a historic event in American history, showing that the fight for racial equality was making progress.
- On 2 October 1967, Thurgood Marshall officially became a member of the Supreme Court. During his 24 years in office, he worked on many important cases that helped shape modern constitutional law. Marshall was known for his dedication to civil rights, individual freedoms, and the safety of groups that are often left out. He always supported broad interpretations of the Constitution that upheld fairness and equality.
- Marshall served with justices who held different views on the law. However, he consistently believed that the Constitution was a living document that needed to evolve to protect people in a changing world. He often told his coworkers and the public that the law should be used in a way that upholds human dignity and fairness.
Equal Protection and Civil Rights Cases
- Marshall played a crucial role in shaping the law regarding equal protection under the Fourteenth Amendment. He often said that laws and policies that hurt African-Americans, women or people with low incomes more than others went against the Constitution’s promise of equality.
- In several instances, Marshall wrote or supported opinions that overturned practices that discriminated against individuals based on their race. This strengthened the Court’s earlier decision in Brown v. Board of Education (1954), which he had argued as an attorney. He was against efforts to make school desegregation laws less strict, and he always said no to attempts to justify racial discrimination by saying it was a matter of ‘states’ rights’.
- Marshall also considered factors beyond race. He backed cases that provided constitutional protections to women, individuals who speak different languages, and those who are poor. His legal philosophy was based on the idea that equal protection should be applied to everyone and that it should be used to promote justice for all groups that face systemic inequality.
Criminal Law and Due Process
- Marshall was very concerned about issues of criminal procedure and due process, as well as civil rights. He often sided with defendants and stressed the importance of fair trials, protection from illegal searches, and the right to a lawyer. He supported the expansion of the Miranda rights, which ensured that people arrested were aware of their constitutional rights.
- One of Marshall’s most consistent views was that he was against the death penalty. In a number of opinions and dissents, he said that the death penalty was cruel and unusual punishment that went against the Eighth Amendment. He thought that the death penalty was not only used unfairly, but it also went against the changing standards of decency in a modern society.
- Marshall announced his retirement from the Supreme Court in 1991 after serving for more than 20 years. He was 82 years old and his health was getting worse at the time. His departure marked the end of a period when he was one of the most influential progressive voices on the Court.
DEATH AND LEGACY OF THURGOOD MARSHALL
- On 24 January 1993, Thurgood Marshall died in Bethesda, Maryland, at the age of 84. People all over the country mourned his death because he was one of the most important legal figures in American history. On 27 January 1993, he became the 96th person to lie in repose in the Great Hall of the United States Supreme Court. This is a special honour for people who are very important to the country.
- Marshall’s legacy endures long after his death. The Historic State House in Annapolis, Maryland, was renamed the Thurgood Marshall Memorial in 2001 to honour his work in American law and civil rights. A 7-foot bronze statue of him was unveiled at Lawyers Mall in Annapolis on 1 October 2005. As a young lawyer, he had once been denied access to the mall because of his race. In 2003, the United States Postal Service honoured him with a commemorative stamp, which helped make sure that people would remember him.
- Marshall’s life and work represent a pivotal turning point in American legal and social history. Marshall was a strong advocate for justice for people who were not treated equally under the law throughout his career, from his early work with the NAACP to his role in Brown v. Board of Education, his time as Solicitor General, and finally his time on the Supreme Court.
- His appointment as the first African-American justice broke down racial barriers in one of the most powerful institutions in the country. More importantly, his ideas about the law emphasised that the Constitution’s promise of freedom and equality should apply to all Americans, regardless of their race, gender or social status.
Frequently Asked Questions About Thurgood Marshall
- Who was Thurgood Marshall?
Thurgood Marshall was the first African American justice on the U.S. Supreme Court and a leading civil rights lawyer.
- What is Thurgood Marshall best known for?
He is best known for winning the landmark case Brown v. Board of Education (1954), which ended legal school segregation.
- What role did he play before joining the Supreme Court?
Marshall was the chief counsel for the NAACP, where he fought and won many cases advancing civil rights.