Thurgood Marshall
Thurgood Marshall | |
---|---|
United States Solicitor General | |
In office August 23, 1965 – August 30, 1967 | |
President | Lyndon B. Johnson |
Preceded by | Archibald Cox |
Succeeded by | Erwin Griswold |
Judge of the United States Court of Appeals for the Second Circuit | |
In office October 5, 1961 – August 23, 1965 | |
Nominated by | John F. Kennedy |
Preceded by | Seat established |
Succeeded by | Wilfred Feinberg |
President of the NAACP Legal Defense and Educational Fund | |
In office February 12, 1940 – October 5, 1961 | |
Preceded by | Position established |
Succeeded by | Jack Greenberg |
Personal details | |
Born | Thoroughgood Marshall July 2, 1908 Baltimore, Maryland, U.S. |
Died | January 24, 1993 Bethesda, Maryland, U.S. | (aged 84)
Resting place | Arlington National Cemetery |
Political party | Democratic |
Spouse(s) |
|
Children | Thurgood John |
Education | Lincoln University, Pennsylvania (BA) Howard University (LLB) |
This article is part of a series on |
Liberalism in the United States |
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Thoroughgood "Thurgood" Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an
Born in Baltimore, Maryland, Marshall attended Lincoln University and the Howard University School of Law. At Howard, he was mentored by Charles Hamilton Houston, who taught his students to be "social engineers" willing to use the law to fight for civil rights. Marshall opened a law practice in Baltimore but soon joined Houston at the NAACP in New York. They worked together on the segregation case of Missouri ex rel. Gaines v. Canada; after Houston returned to Washington, Marshall took his place as special counsel of the NAACP, and he became director-counsel of the newly formed NAACP Legal Defense and Educational Fund. He participated in numerous landmark Supreme Court cases involving civil rights, including Smith v. Allwright, Morgan v. Virginia, Shelley v. Kraemer, McLaurin v. Oklahoma State Regents, Sweatt v. Painter, Brown, and Cooper v. Aaron. His approach to desegregation cases emphasized the use of sociological data to show that segregation was inherently unequal.
In 1961, President
Marshall's jurisprudence was pragmatic and drew on his real-world experience. His most influential contribution to constitutional doctrine, the "sliding-scale" approach to the
Early life and education
Thurgood[a] Marshall was born on July 2, 1908, in Baltimore, Maryland, to Norma and William Canfield Marshall.[2]: 30, 35 His father held various jobs as a waiter in hotels, in clubs, and on railroad cars, and his mother was an elementary school teacher.[3]: 41, 45 The family moved to New York City in search of better employment opportunities not long after Thurgood's birth; they returned to Baltimore when he was six years old.[3]: 50 He was an energetic and boisterous child who frequently found himself in trouble.[2]: 37 Following legal cases was one of William's hobbies, and Thurgood oftentimes went to court with him to observe the proceedings.[2]: 37 Marshall later said that his father "never told me to become a lawyer, but he turned me into one ... He taught me how to argue, challenged my logic on every point, by making me prove every statement I made, even if we were discussing the weather."[2]: 38
Marshall attended the Colored High and Training School (later
Legal career
Marshall started a law practice in Baltimore, but it was not financially successful, partially because he spent much of his time working for the benefit of the community.
In 1936, Marshall joined Houston, who had been appointed as the NAACP's special counsel, in New York City, serving as his assistant.[6]: 477 [7]: 19 They worked together on the landmark case of Missouri ex rel. Gaines v. Canada (1938).[6]: 477 When Lloyd Lionel Gaines's application to the University of Missouri's law school was rejected on account of his race, he filed suit, arguing that his equal-protection rights had been violated because he had not been provided with a legal education substantially equivalent to that which white students received.[2]: 92–93 After Missouri courts rejected Gaines's claims, Houston—joined by Marshall, who helped to prepare the brief—sought review in the U.S. Supreme Court.[2]: 94 [7]: 70 They did not challenge the Court's decision in Plessy v. Ferguson (1896), which had accepted the "separate but equal" doctrine; instead, they argued that Gaines had been denied an equal education.[2]: 12, 94 In an opinion by Chief Justice Charles Evans Hughes, the Court held that if Missouri gave whites the opportunity to attend law school in-state, it was required to do the same for blacks.[7]: 70
Houston returned to Washington in 1938, and Marshall assumed his position as special counsel the following year.[7]: 26 He also became the director-counsel of the NAACP Legal Defense and Educational Fund Inc. (the Inc Fund), which had been established as a separate organization for tax purposes.[7]: 27 In addition to litigating cases and arguing matters before the Supreme Court, he was responsible for raising money, managing the Inc Fund, and conducting public-relations work.[7]: 27 Marshall litigated a number of cases involving unequal salaries for African Americans, winning nearly all of them; by 1945, he had ended salary disparities in major Southern cities and earned a reputation as a prominent figure in the civil rights movement.[5]: 1500 He also defended individuals who had been charged with crimes before both trial courts and the Supreme Court.[5]: 1500 Of the thirty-two civil rights cases that Marshall argued before the Supreme Court, he won twenty-nine.[8]: 598 He and W. J. Durham wrote the brief in Smith v. Allwright (1944), in which the Court ruled the white primary unconstitutional, and he successfully argued both Morgan v. Virginia (1946), involving segregation on interstate buses, and a companion case to Shelley v. Kraemer (1948), involving racially restrictive covenants.[9]: 31–32, 42–43, 53–57
From 1939 to 1947, Marshall was a member of the Board of Directors of the American Civil Liberties Union. During that period, he aligned with the faction which favored a more absolutist defense of civil liberties. Most notably, unlike the majority of the Board, he was consistent in his opposition to Roosevelt's Executive Order 9066, which put Japanese Americans into concentration camps. Also, in contrast to most of the Board, Marshall charged that the prosecution of thirty-two right wing opponents of Roosevelt's pre-war foreign policy in the Sedition Trial of 1944 violated the First Amendment.[10]
In the years after 1945, Marshall resumed his offensive against racial segregation in schools.
Marshall next turned to the issue of segregation in primary and secondary schools.[6]: 478 The NAACP brought suit to challenge segregated schools in Delaware, the District of Columbia, Kansas, South Carolina, and Virginia, arguing both that there were disparities between the physical facilities provided for blacks and whites and that segregation was inherently harmful to African-American children.[5]: 1502 Marshall helped to try the South Carolina case.[5]: 1502 He called numerous social scientists and other expert witnesses to testify regarding the harms of segregation; these included the psychology professor Ken Clark, who testified that segregation in schools caused self-hatred among African-American students and inflicted damage that was "likely to endure as long as the conditions of segregation exist".[4]: 201–202 The five cases eventually reached the Supreme Court and were argued in December 1952.[1]: 119 In contrast to the oratorical rhetoric of his adversary—John W. Davis, a former solicitor general and presidential candidate—Marshall spoke plainly and conversationally.[5]: 1502 He stated that the only possible justification for segregation "is an inherent determination that the people who were formerly in slavery, regardless of anything else, shall be kept as near that stage as possible. And now is the time, we submit, that this Court should make clear that that is not what our Constitution stands for."[11]: 195–196 On May 17, 1954, after internal disagreements and a 1953 reargument, the Supreme Court handed down its unanimous decision in Brown v. Board of Education, holding in an opinion by Chief Justice Earl Warren that: "in the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal."[2]: 165, 171, 176, 178 When Marshall heard Warren read those words, he later said, "I was so happy I was numb".[4]: 226
The Court in Brown ordered additional arguments on the proper
Court of Appeals
President John F. Kennedy, who according to Tushnet "wanted to demonstrate his commitment to the interests of African Americans without incurring enormous political costs", nominated Marshall to be a judge of the United States Court of Appeals for the Second Circuit on September 23, 1961.[12]: 9–10 The Second Circuit, which spanned New York, Vermont, and Connecticut, was at the time the nation's prominent appellate court.[12]: 10 When Congress adjourned, Kennedy gave Marshall a recess appointment, and he took the oath of office on October 23.[12]: 10
Even after his recess appointment, Southern senators continued to delay Marshall's full confirmation for more than eight months.
On the Second Circuit, Marshall authored 98 majority opinions, none of which was reversed by the Supreme Court, as well as 8 concurrences and 12 dissents.[13]: 216 He dissented when a majority held in the Fourth Amendment case of United States ex rel. Angelet v. Fay (1964) that the Supreme Court's 1961 decision in Mapp v. Ohio (which held that the exclusionary rule applied to the states) did not apply retroactively, writing that the judiciary was "not free to circumscribe the application of a declared constitutional right".[1]: 184 In United States v. Wilkins (1964), he concluded 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 dissented from a ruling upholding the convictions of civil rights protesters at the New York World's Fair.[2]: 240–241 Marshall's dissents indicated that he favored broader interpretations of constitutional protections than did his colleagues.[4]: 311
Solicitor General
Marshall's nomination to the office of Solicitor General was widely viewed as a stepping stone to a Supreme Court appointment.[12]: 19 Johnson pressured Southern senators not to obstruct Marshall's confirmation, and a hearing before a Senate subcommittee lasted only fifteen minutes; the full Senate confirmed him on August 11, 1965.[2]: 251–252 [1]: 190 As Solicitor General, Marshall won fourteen of the nineteen Supreme Court cases he argued.[9]: 133 He later characterized the position as "the most effective job" and "maybe the best" job he ever had.[12]: 19 Marshall argued in Harper v. Virginia State Board of Elections (1966) that conditioning the ability to vote on the payment of a poll tax was unlawful; in a companion case to Miranda v. Arizona (1966), he unsuccessfully maintained on behalf of the government that federal agents were not always required to inform arrested individuals of their rights.[4]: 320, 323 He defended the constitutionality of the Voting Rights Act of 1965 in South Carolina v. Katzenbach (1966) and Katzenbach v. Morgan (1966), winning both cases.[2]: 259–261
Supreme Court nomination
In February 1967, Johnson nominated Ramsey Clark to be Attorney General.[12]: 25 The nominee's father was Tom C. Clark, an associate justice of the Supreme Court of the United States.[9]: 150 Fearing that his son's appointment would create substantial conflicts of interest for him, the elder Clark announced his resignation from the Court.[12]: 25 For Johnson, who had long desired to nominate a non-white justice, the choice of a nominee to fill the ensuing vacancy "was as easy as it was obvious", according to the scholar Henry J. Abraham.[14]: 219 Although the President briefly considered selecting William H. Hastie (an African-American appellate judge from Philadelphia) or a female candidate, he decided to choose Marshall.[12]: 25 Johnson announced the nomination in the White House Rose Garden on June 13, declaring that Marshall "deserves the appointment ... I believe that it is the right thing to do, the right time to do it, the right man and the right place."[9]: 151 [12]: 25
The public received the nomination favorably, and Marshall was praised by prominent senators from both parties.
Supreme Court
Marshall remained on the Supreme Court for nearly twenty-four years, serving until his retirement in 1991.[7]: 314 The Court to which he was appointed—the Warren Court—had a consistent liberal majority, and Marshall's jurisprudence was similar to that of its leaders, Chief Justice Warren and Justice William J. Brennan Jr.[5]: 1507 Although he wrote few major opinions during this period due to his lack of seniority, he was typically in the majority.[4]: 344 [15]: 335 As a result of four Supreme Court appointments by President Richard Nixon, however, the liberal coalition vanished.[15]: 335 The Court under Chief Justice Warren Burger (the Burger Court) was not as conservative as some observers had anticipated, but the task of constructing liberal majorities case-by-case was left primarily to Brennan; Marshall's most consequential contributions to constitutional law came in dissent.[5]: 1508 The justice left much of his work to his law clerks, preferring to determine the outcome of the case and then allow the clerks to draft the opinion themselves.[1]: 215 He took umbrage at frequent claims that he did no work and spent his time watching daytime soap operas;[1]: 203 according to Tushnet, who clerked for Marshall, the idea that he "was a lazy Justice uninterested in the Court's work ... is wrong and perhaps racist".[16]: 2109 Marshall's closest colleague and friend on the Court was Brennan,[1]: 210–211 and the two justices agreed so often that their clerks privately referred to them as "Justice Brennanmarshall".[c][18]: 10 He also had a high regard for Warren, whom he described as "probably the greatest Chief Justice who ever lived".[1]: 210
Marshall consistently sided with the Supreme Court's liberal bloc.[19]: 347 According to the scholar William J. Daniels: "His approach to justice was Warren Court–style legal realism ... In his dissenting opinions he emphasized individual rights, fundamental fairness, equal opportunity and protection under the law, the supremacy of the Constitution as the embodiment of rights and privileges, and the Supreme Court's responsibility to play a significant role in giving meaning to the notion of constitutional rights."[13]: 234–235 Marshall's jurisprudence was pragmatic and relied on his real-world experience as a lawyer and as an African American.[15]: 339 He disagreed with the notion (favored by some of his conservative colleagues) that the Constitution should be interpreted according to the Founders' original understandings;[20]: 382 in a 1987 speech commemorating the Constitution's bicentennial, he said:[21]: 2, 5
... I do not believe that the meaning of the Constitution was forever "fixed" at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government, and its respect for the individual freedoms and human rights, that we hold as fundamental today ... "We the People" no longer enslave, but the credit does not belong to the framers. It belongs to those who refused to acquiesce in outdated notions of "liberty", "justice", and "equality", and who strived to better them ... I plan to celebrate the bicentennial of the Constitution as a living document, including the Bill of Rights and the other amendments protecting individual freedoms and human rights.
Equal protection and civil rights
As the Court became increasingly conservative, Marshall found himself dissenting in numerous cases regarding racial discrimination.[5]: 1511 When the majority held in Milliken v. Bradley that a lower court had gone too far in ordering busing to reduce racial imbalances between schools in Detroit, he dissented, criticizing his colleagues for what he viewed as a lack of resolve to implement desegregation even when faced with difficulties and public resistance.[2]: 344–345 In a dissent in City of Memphis v. Greene that according to Tushnet "demonstrated his sense of the practical reality that formed the context for abstract legal issues", he argued that a street closure that made it more difficult for residents of an African-American neighborhood to reach a city park was unconstitutional because it sent "a plain and powerful symbolic message" to blacks "that because of their race, they are to stay out of the all-white enclave ... and should instead take the long way around".[12]: 91–92 Marshall felt that affirmative action was both necessary and constitutional;[1]: 257 in an opinion in Regents of the University of California v. Bakke, he commented that it was "more than a little ironic that, after several hundred years of class-based discrimination against Negroes, the Court is unwilling to hold that a class-based remedy for that discrimination is permissible".[12]: 131 Dissenting in City of Richmond v. J.A. Croson Co., he rejected the majority's decision to strike down an affirmative-action program for government contractors, stating that he did "not believe that this Nation is anywhere close to eradicating racial discrimination or its vestiges".[12]: 139–143
Marshall's most influential contribution to constitutional doctrine was his "sliding-scale" approach to the Equal Protection Clause, which posited that the judiciary should assess a law's constitutionality by balancing its goals against its impact on groups and rights.
Criminal procedure and capital punishment
Marshall supported the Warren Court's constitutional decisions on criminal law, and he wrote the opinion of the Court in Benton v. Maryland, which held that the Constitution's prohibition of double jeopardy applied to the states.[15]: 337 After the retirements of Warren and Justice Hugo Black, however, "Marshall was continually shocked at the refusal" of the Burger and Rehnquist Courts "to hold police and those involved in the criminal justice system responsible for acting according to the language and the spirit of fundamental procedural guarantees", according to Ball.[1]: 286 He favored a strict interpretation of the Fourth Amendment's warrant requirement and opposed rulings that made exceptions to that provision;[23]: 112 in United States v. Ross, for instance, he indignantly dissented when the Court upheld a conviction that was based on evidence discovered during a warrantless search of containers that had been found in an automobile.[1]: 291–292 Marshall felt strongly that the Miranda doctrine should be expanded and fully enforced.[23]: 112 In cases involving the Sixth Amendment, he argued that defendants must have competent attorneys; dissenting in Strickland v. Washington, Marshall (parting ways with Brennan) rejected the majority's conclusion that defendants must prove prejudice in ineffective assistance of counsel cases.[12]: 187–188 [23]: 112
Marshall fervently opposed capital punishment throughout his time on the Court, arguing that it was cruel and unusual and therefore unconstitutional under the Eighth Amendment.[2]: 318 He was the only justice with considerable experience defending those charged with capital crimes, and he expressed concern about the fact that injustices in death-penalty cases could not be remedied, often commenting: "Death is so lasting."[5]: 1514–1515 In Furman v. Georgia, a case in which the Court struck down the capital-punishment statutes that were in force at the time, Marshall wrote that the death penalty was "morally unacceptable to the people of the United States at this time in their history" and that it "falls upon the poor, the ignorant, and the underprivileged members of society".[5]: 1515 When the Court in Gregg v. Georgia upheld new death-penalty laws that required juries to consider aggravating and mitigating circumstances, he dissented, describing capital punishment as a "vestigial savagery" that was immoral and violative of the Eighth Amendment.[1]: 305 Afterwards, Marshall and Brennan dissented in every instance in which the Court declined to review a death sentence, filing more than 1,400 dissents that read: "Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, we would grant certiorari and vacate the death sentence in this case."[12]: 175
First Amendment
According to Ball, Marshall felt that the rights protected by the
Marshall joined the majority in Texas v. Johnson and United States v. Eichman, two cases in which the Court held that the First Amendment protected the right to burn the American flag.[1]: 332–333 He favored the total separation of church and state, dissenting when the Court upheld in Lynch v. Donnelly a city's display of a nativity scene and joining the majority in Wallace v. Jaffree to strike down an Alabama law regarding prayer in schools.[1]: 343–346 On the issue of the free exercise of religion, Marshall voted with the majority in Wisconsin v. Yoder to hold that a school attendance law could not be constitutionally applied to the Amish, and he joined Justice Harry Blackmun's dissent when the Court in Employment Division v. Smith upheld a restriction on religious uses of peyote and curtailed Sherbert v. Verner's strict scrutiny standard.[1]: 351–353 In the view of J. Clay Smith Jr. and Scott Burrell, the justice was "an unyielding supporter of civil liberties", whose "commitment to the values of the First Amendment was enhanced from actually realizing the historical consequences of being on the weaker and poorer side of power".[24]: 477
Privacy
In Marshall's view, the Constitution guaranteed to all citizens the
Other topics
During his service on the Supreme Court, Marshall participated in over 3,400 cases and authored 322 majority opinions.
Personal life
Marshall wed
Marshall was an active member of the Episcopal Church and served as a delegate to its 1964 convention, walking out after a resolution to recognize a right to disobey immoral segregation laws was voted down.[12]: 180 He was a Prince Hall Mason, attending meetings and participating in rituals.[12]: 180
Justice Sandra Day O'Connor, who served with Marshall on the Supreme Court for a decade, wrote that "it was rare during our conference deliberations that he would not share an anecdote, a joke or a story"; although O'Connor initially treated the stories as "welcome diversions", she later "realized that behind most of the anecdotes was a relevant legal point".[29]: 1217–1218
Retirement, later life, and death
Marshall did not wish to retire—he frequently said "I was appointed to a life term, and I intend to serve it"—but he had been in ill health for many years, and Brennan's retirement in 1990 left him unhappy and isolated on the Court.[1]: 377–378 [30]: 156, 158 The 82-year-old justice announced on June 27, 1991, that he would retire.[6]: 480 When asked at a press conference what was wrong with him that would cause him to leave the Court, he replied: "What's wrong with me? I'm old. I'm getting old and coming apart!"[1]: 379
President George H. W. Bush (whom Marshall loathed) nominated Clarence Thomas, a conservative who had served in the Reagan and Bush administrations, to replace Marshall.[1]: 379 His retirement took effect on October 1.[31]: 951
Marshall served as a
: 396Marshall
Appraisal and legacy
According to the scholar Daniel Moak, Marshall "profoundly shaped the political direction of the United States", "transformed constitutional law", and "opened up new facets of citizenship to black Americans".[33]: 411 For Tushnet, he was "probably the most important American lawyer of the twentieth century";[5]: 1498 in the view of the political scientist Robert C. Smith, he was "one of the greatest leaders in the history of the African-American struggle for freedom and equality".[34]: 218 A 1999 survey of black political scientists listed Marshall as one of the ten greatest African-American leaders in history; panelists described him as the "greatest jurist of the twentieth century" and stated that he "spearheaded the creation of the legal foundations of the civil rights movement".[35]: 129, 132 Scholars of the Supreme Court have not rated Marshall as highly as some of his colleagues: although his pre–Supreme Court legal career and his staunch liberalism have met with broad approval, a perception that he lacked substantial influence over his fellow justices has harmed his reputation.[36]: 407–408, 439 In Abraham's view, "he was one of America's greatest public lawyers, but he was not a great Supreme Court justice".[14]: 222 A 1993 survey of legal scholars found that Marshall was ranked as the seventeenth-greatest justice of the Supreme Court—a rating that, while still lower than that of his fellow liberal justices, was substantially higher than was recorded in an earlier survey.[36]: 408
Marshall has received numerous tributes.[37]: 20 The state of Maryland renamed Baltimore's airport the Baltimore/Washington International Thurgood Marshall Airport in 2005, and the University of Maryland's law library is named in his honor.[37]: 20 [38]: 617 Buildings named for Marshall include New York's 590-foot-high Thurgood Marshall United States Courthouse (renamed in 2001), where he heard cases as an appellate judge, and the federal judicial center in Washington.[39][40]: 859–860 He is the namesake of streets and schools throughout the nation.[37]: 20 Marshall posthumously received the Presidential Medal of Freedom from President Bill Clinton in 1993,[41]: 253 and the United States Postal Service issued a commemorative stamp in his honor in 2003.[42] He was depicted by Sidney Poitier in the 1991 television movie Separate but Equal,[43]: 335 by Laurence Fishburne in George Stevens Jr.'s Broadway play Thurgood,[44] and by Chadwick Boseman in the 2017 film Marshall.[39]
See also
- List of African-American jurists
- List of African-American federal judges
- List of justices of the Supreme Court of the United States
- List of law clerks of the Supreme Court of the United States (Seat 10)
- List of United States Supreme Court justices by time in office
- United States Supreme Court cases during the Warren Court
- United States Supreme Court cases during the Burger Court
- United States Supreme Court cases during the Rehnquist Court
Notes
- ^ Marshall was originally named "Thoroughgood" (his paternal grandfather's name), but he changed it to the briefer "Thurgood" when he was in the second grade.[1]: 13
- ^ Thirty-two Republicans and thirty-seven Democrats voted to confirm Marshall; one Republican (Thurmond) and ten Southern Democrats voted against him.[9]: 156 On the urging of Johnson, twenty Southerners did not cast a vote.[4]: 337
- ^ In non-unanimous cases decided by an eight- or nine-justice court, Marshall and Brennan voted the same way 91.67% of the time during the Warren Court, 87.33% of the time during the Burger Court, and 94.86% of the time during the Rehnquist Court.[17]: 638, 642, 646
References
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- ^ ISBN 978-0-19-509314-8.
- ^ ISBN 0-252-06135-7.
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- ^ ISBN 978-1-933116-48-8.
- Georgetown Law Journal. 80 (6): 2109–2130.
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- ISBN 0-313-25011-1.
- ISBN 978-0-8160-4194-7.
- JSTOR 1341223.
- ISBN 978-0-19-505835-2.
- ^ a b c Ogletree, Charles J. (1989). "Justice Marshall's Criminal Justice Jurisprudence: 'The Right Thing to Do, the Right Time to Do It, the Right Man and the Right Place'". Harvard Blackletter Journal. 6: 111–130.
- ^ Smith, J. Clay Jr; Burrell, Scott (Summer 1994). "Justice Thurgood Marshall and the First Amendment". Arizona State Law Journal. 26 (2): 461–478.
- ProQuest 1311811713.
- S2CID 151734746.
- Yale Law Journal. 101 (1): 25–29.
- ProQuest 1812382061. Retrieved August 11, 2022.
- JSTOR 1229051.
- ^ ISBN 978-0-7006-0946-8.
- ISBN 978-1-56802-130-0.
- ^ Labaton, Stephen (January 29, 1993). "Thousands Fill Cathedral To Pay Tribute to Marshall". The New York Times. pp. A16. Retrieved September 15, 2022.
- ISBN 978-0-226-72607-6.)
{{cite book}}
: CS1 maint: DOI inactive as of January 2024 (link - ISBN 978-1-4381-3019-4.
- ^ Smith, Robert C. (2001). "Rating Black Leaders" (PDF). National Political Science Review. 8: 124–138.
- ^ a b Ross, William G. (Winter 1996). "The Ratings Game: Factors That Influence Judicial Reputation". Marquette Law Review. 79 (2): 402–452.
- ^ a b c Gilmore, Brian (Summer 2008). "Lawyer of the Century: Thurgood Marshall's Legacy Looms Large in a World He Helped to Create". The Crisis. pp. 20–23.
- ^ Bloch, Susan Low (2009). "Celebrating Thurgood Marshall: The Prophetic Dissenter". Howard Law Journal. 52 (3): 617–635.
- ^ a b Williams, Pete (October 10, 2017). "Film Marks 50th Anniversary of Thurgood Marshall's Supreme Court Arrival". NBC News. Retrieved August 13, 2022.
- ^ Resnik, Judith (Summer 2012). "Building the Federal Judiciary (Literally and Legally): The Monuments of Chief Justices Taft, Warren and Rehnquist". Indiana Law Journal. 87 (3): 823–950.
- ISBN 978-0-465-05371-1.
- ProQuest 409524819. Retrieved August 14, 2022.
- ISBN 978-0-231-50839-1.
- ProQuest 347793653. Retrieved August 14, 2022.
Further reading
- Aldred, Lisa; Marshall, Thurgood; Wagner, Heather Lehr (2004). Thurgood Marshall: Supreme Court Justice. Chelsea House Publications. ISBN 978-0791081631.
- James, Rawn Jr. (2010). Root and Branch: Charles Hamilton Houston, Thurgood Marshall, and the Struggle to End Segregation. Bloomsbury Press. Archived from the original on March 1, 2012. Retrieved November 24, 2009.
- Kallen, Stuart A., ed. (1993). Thurgood Marshall: A Dream of Justice for All. Abdo and Daughters. ISBN 1-56239-258-1.
- Mack, Kenneth W., (2012). Representing the Race: The Creation of the Civil Rights Lawyer. Harvard University Press. ISBN 978-0-674-04687-0.
- Vile, John R., ed. (2003). Great American Judges: An Encyclopedia. Vol. 1. Santa Barbara: ABC–CLIO. ISBN 978-1-57607-989-8..
- Watson, Bradley C. S. (2003). "The Jurisprudence of William Joseph Brennan, Jr., and Thurgood Marshall". In Frost, Bryan-Paul; Sikkenga, Jeffrey (eds.). History of American Political Thought. Lexington: Lexington Books. ISBN 0-7391-0623-6.
- White, G. Edward (2007), The American Judicial Tradition: Profiles of Leading American Judges (3rd ed.), Oxford: Oxford University Press, ISBN 978-0-19-513962-4.
- ISBN 978-0-7432-7402-9.
Historiography and memory
- Hodges, Ruth A. Justice Thurgood Marshall: A Selected Bibliography, (Moorland-Spingarn Research Center, Washington, DC, February 1993).
- Martin, Fenton S.; Goehlert, Robert U. (1990). The U.S. Supreme Court: A Bibliography. Washington, D.C.: Congressional Quarterly Books. ISBN 0-87187-554-3.
Primary sources
- Tushnet, Mark V. ed. Thurgood Marshall: His Speeches, Writings, Arguments, Opinions, and Reminiscences (2001). excerpt
- Marshall, Thurgood (1950). "Mr. Justice Civil Rights." 48 Michigan Law Review745.
- Marshall, Thurgood. "Reflections on the bicentennial of the United States Constitution." Harvard Law Review 101 (1987): 1+ online.
- Marshall, Thurgood. "The Constitution's Bicentennial: Commemorating the Wrong Document" Vanderbilt Law Review 40 (1987): 1337+ online.
External links
- Oral History Interview with Thurgood Marshall, from the Lyndon Baines Johnson Library
- FBI file on Thurgood Marshall