Justice Thurgood Marshall (Democrat)

Thurgood Marshall was a pioneering figure in American legal history, serving as an Associate Justice of the U.S. Supreme Court from 1967 to 1991. Born on July 2, 1908, in Baltimore, Maryland, Marshall’s legacy is deeply intertwined with civil rights, particularly in his fight against racial segregation. Here’s a comprehensive look at his life and career:

Early Life and Education:

• Family Background: Marshall was born to William Canfield Marshall, a railroad porter, and Norma Arica Williams, a teacher. His father’s involvement in the Baltimore branch of the NAACP, along with his mother’s insistence on education, shaped his early interest in civil rights.
• Education: Marshall attended racially segregated schools in Baltimore and was denied admission to the University of Maryland Law School due to his race. Instead, he graduated from Lincoln University in Pennsylvania in 1930 and Howard University School of Law in 1933, where he was heavily influenced by the dean, Charles Hamilton Houston.

Legal Career Before the Supreme Court:

• Early Legal Work: After law school, Marshall opened a private practice in Baltimore but quickly moved to the NAACP, where he became the chief counsel for the NAACP Legal Defense and Educational Fund (LDF) in 1940.
• Civil Rights Litigation: Marshall argued numerous cases before the Supreme Court, most famously:
  • Brown v. Board of Education (1954) – As lead counsel, Marshall successfully argued that “separate educational facilities are inherently unequal,” leading to the desegregation of public schools.
  • Smith v. Allwright (1944) – He helped dismantle the white primary system, which excluded African Americans from voting in Democratic primaries.
  • Shelley v. Kraemer (1948) – He argued against racial covenants in housing, which the Court declared unconstitutional.
• Federal Judge: In 1961, President John F. Kennedy appointed Marshall to the U.S. Second Circuit Court of Appeals.

Supreme Court Tenure:

• Appointment: In 1967, President Lyndon B. Johnson nominated Marshall to the Supreme Court, where he was confirmed by a vote of 69-11, becoming the first African American Justice.
• Judicial Philosophy: Marshall was known for his liberal views, focusing heavily on civil rights, individual liberties, and the protection of the rights of minorities and the underprivileged. His approach was pragmatic rather than strictly ideological; he believed in using the law to achieve social justice.

Notable Opinions and Views:

• • Dissent in Regents of the University of California v. Bakke (1978) – While not the author, his view on affirmative action was influential, arguing for such policies to remedy past discrimination.
  • Majority Opinion in Stanley v. Illinois (1972) – He wrote that unwed fathers have a due process right to custody of their children unless shown to be unfit.
  • Concurring Opinion in Roe v. Wade (1973) – He supported the right to privacy which underpinned the decision, though he believed the right should be grounded in equal protection.
  • Dissent in San Antonio Independent School District v. Rodriguez (1973) – He argued against the Court’s decision not to recognize education as a fundamental right under the Equal Protection Clause.
• Dissenting Voice: His dissents were known for their passionate advocacy for civil rights and the disadvantaged, often critiquing the majority for failing to protect these groups sufficiently.

Cultural Impact and Retirement:

• Public Figure: Marshall became an icon for civil rights, symbolizing the struggle for racial equality and justice. His legal battles and Supreme Court decisions had a lasting impact on American society.
• Retirement: Marshall retired from the Supreme Court in 1991 due to declining health, replaced by Clarence Thomas, another African American justice but with a very different judicial philosophy.

Legacy:

• Civil Rights Advocate: Marshall’s work before and on the Supreme Court helped dismantle many forms of institutionalized racism, particularly in education and voting rights.
• Firsts: He was not only the first African American Supreme Court Justice but also the first African American to serve as Solicitor General of the United States from 1965 to 1967.
• Influence on Legal Practice: His litigation strategy set precedents for civil rights law, showing how litigation could be a tool for social change.
• Biographical Works: His life has been the subject of numerous books, documentaries, and the HBO film “Thurgood” (2011), highlighting his monumental contributions.