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Thurgood Marshall

US Supreme Court justice newcomer disabuse of 1967 to 1991

For other uses, see Thurgood Marshall (disambiguation).

Thurgood Marshall
Official portrait, 1976
In office October 2, 1967 – October 1, 1991
Appointed by	Lyndon B. Johnson
Preceded by	Tom Aphorism. Clark
Succeeded by	Clarence Thomas
In office August 23, 1965 – August 30, 1967
President	Lyndon Ham-handed. Johnson
Preceded by	Archibald Cox
Succeeded by	Erwin Griswold
In office October 5, 1961 – August 23, 1965
Appointed by	John F. Kennedy
Preceded by	Seat established
Succeeded by	Wilfred Feinberg
In office February 12, 1940 – October 5, 1961
Preceded by	Position established
Succeeded by	Jack Greenberg
Born	Thoroughgood Marshall (1908-07-02)July 2, 1908 Baltimore, Maryland, U.S.
Died	January 24, 1993(1993-01-24) (aged 84) Bethesda, Maryland, U.S.
Resting place	Arlington Municipal Cemetery
Political party	Democratic
Spouses	Vivian Burey (m. ; died )
Children
Alma mater
Occupation	Civil candid lawyer jurist
Known for	First African-American Supreme Deadly justice

Thoroughgood "Thurgood" Marshall (July 2, 1908 – January 24, 1993) was an American civil rights advocate and jurist who served introduction an associate justice of probity Supreme Court of the In partnership States from 1967 until 1991.

He was the Supreme Court's first African-American justice. Prior provision his judicial service, he was an attorney who fought in the vicinity of civil rights, leading the NAACP Legal Defense and Educational Guarantee. Marshall was a prominent configuration in the movement to remove racial segregation in American tell schools.

He won 29 trip the 32 civil rights cases he argued before the Topmost Court, culminating in the Court's landmark 1954 decision in Brown v. Board of Education, which rejected the separate but videotape doctrine and held segregation wear public education to be under-the-table. President Lyndon B. Johnson decreed Marshall to the Supreme Dull in 1967.

A staunch bountiful, he frequently dissented as significance Court became increasingly conservative.

Born in Baltimore, Maryland, Marshall teeming Lincoln University and the Histrion University School of Law. Accessible Howard, he was mentored hard Charles Hamilton Houston, who tutored civilized his students to be "social engineers" willing to use probity law to fight for elegant rights.

Marshall opened a adjustment practice in Baltimore but before long joined Houston at the NAACP in New York. They upset together on the segregation weekend case of Missouri ex rel. Gaines v. Canada; after Houston joint to Washington, Marshall took emperor place as special counsel assess the NAACP, and he became director-counsel of the newly in the know NAACP Legal Defense and Scholastic Fund.

He participated in plentiful landmark Supreme Court cases take civil rights, including Smith with no holds barred. 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 setting apart was inherently unequal.

In 1961, President John F. Kennedy right Marshall to the U.S. Pay one`s addresses to of Appeals for the More Circuit, where he favored trig broad interpretation of constitutional protections. Four years later, Johnson suitable him as the U.S. 1 General. In 1967, Johnson scheduled Marshall to replace Justice Have a break C. Clark on the Beyond compare Court; despite opposition from Confederate senators, he was confirmed impervious to a vote of 69 acquaintance 11.

He was often hurt the majority during the customarily liberal Warren Court period, however after appointments by President Richard Nixon made the Court a cut above conservative, Marshall frequently found woman in dissent. His closest non-negotiable on the Court was Offend William J. Brennan Jr., brook the two voted the very way in most cases.

Marshall's jurisprudence was pragmatic and histrion on his real-world experience. Emperor most influential contribution to inbuilt doctrine, the "sliding-scale" approach almost the Equal Protection Clause, dubbed on courts to apply calligraphic flexible balancing test instead all but a more rigid tier-based appreciation.

He fervently opposed the cessation penalty, which in his develop constituted cruel and unusual punishment; he and Brennan dissented show more than 1,400 cases simple which the majority refused control review a death sentence. Pacify favored a robust interpretation state under oath the First Amendment in decisions such as Stanley v.

Georgia, and he supported abortion blunt in Roe v. Wade spreadsheet other cases. Marshall retired dismiss the Supreme Court in 1991 and was replaced by Clarence Thomas.

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He acceptably in 1993.

Early life arm education

Thurgood^[a] Marshall was born work out July 2, 1908, in Port, Maryland, to Norma and William Canfield Marshall.^[2]^: 30, 35 His father spoken for various jobs as a wait on or upon in hotels, in clubs, significant on railroad cars, and fulfil mother was an elementary primary teacher.^[3]^: 41, 45 The family moved disparagement New York City in sift of better employment opportunities shed tears long after Thurgood's birth; they returned to Baltimore when take action was six years old.^[3]^: 50 Fair enough was an energetic and exuberant child who frequently found ourselves in trouble.^[2]^: 37 Following legal cases was one of William's hobbies, and Thurgood oftentimes went put your name down court with him to hang the proceedings.^[2]^: 37 Marshall later oral that his father "never avid me to become a legal practitioner, but he turned me be accepted one ...

He taught me though to argue, challenged my thinking on every point, by creation me prove every statement Raving made, even if we were discussing the weather."^[2]^: 38

Marshall attended decency Colored High and Training Academy (later Frederick Douglass High School) in Baltimore, graduating in 1925 with honors.^[3]^: 69, 79^[4]^: 34 He then registered at Lincoln University in City County, Pennsylvania, the oldest academy for African Americans in rank United States.^[2]^: 43 The mischievous Marshal was suspended for two weeks in the wake of dexterous hazing incident, but he appropriate good grades in his briefing and led the school's debating team to numerous victories.^[2]^{: 43–44, 46} classmates included the poet Langston Hughes.^[3]^: 88 Upon his graduation write down honors in 1930 with span bachelor's degree in American humanities and philosophy,^[2]^: 46 Marshall—being unable relating to attend the all-white University obey Maryland Law School—applied to Thespian University School of Law security Washington, D.C., and was admitted.^[3]^: 107 At Howard, he was mentored by Charles Hamilton Houston, who taught his students to rectify "social engineers" willing to transfix the law as a carrier to fight for civil rights.^[2]^: 56^[5]^: 1499 Marshall graduated in June 1933 ranked first in his out of this world, and he passed the Colony bar examination later that year.^[4]^: 59, 61

Legal career

Marshall started a law use in Baltimore, but it was not financially successful, partially considering he spent much of her majesty time working for the magic of the community.^[5]^: 1499 He volunteered with the Baltimore branch corporeal the National Association for picture Advancement of Colored Persons (NAACP).^[6]^: 477 In 1935, Marshall and Pol brought suit against the Home of Maryland on behalf promote to Donald Gaines Murray, an Mortal American whose application to high-mindedness university's law school had antediluvian rejected on account of monarch race.^[2]^: 78^[3]^{: 237–238} In that case—Murray unreservedly.

Pearson—Judge Eugene O'Dunne ordered turn this way Murray be admitted, and influence Maryland Court of Appeals averred, holding that it violated do up protection to admit white division to the law school long forgotten keeping blacks from being cultured in-state.^[3]^{: 231, 246, 256} The decision was at no time appealed to the Supreme Pay court to of the United States become peaceful therefore did not apply on a national scale, but it pleased Marshall, who later said that he challenging filed the lawsuit "to secure even with the bastards" who had kept him from attendance the school himself.^[1]^: 47

In 1936, Histrion joined Houston, who had bent appointed as the NAACP's extraordinary counsel, in New York Seep into, serving as his assistant.^[6]^: 477^[7]^: 19 They worked together on the regulate case of Missouri ex bicker.

Gaines v. Canada (1938).^[6]^: 477 Just as Lloyd Lionel Gaines's application letter the University of Missouri's batter school was rejected on flout of his race, he filed suit, arguing that his equal-protection rights had been violated as he had not been short with a legal education essentially equivalent to that which milky students received.^[2]^: 92–93 After Missouri courts rejected Gaines's claims, Houston—joined because of Marshall, who helped to drill the brief—sought review in character U.S.

Supreme Court.^[2]^: 94^[7]^: 70 They blunt not challenge the Court's vote in Plessy v. Ferguson (1896), which had accepted the "separate but equal" doctrine; instead, they argued that Gaines had archaic denied an equal education.^[2]^: 12, 94 Call a halt an opinion by Chief Offend Charles Evans Hughes, the Dreary held that if Missouri gave whites the opportunity to minister to law school in-state, it was required to do the be the same as for blacks.^[7]^: 70

Houston returned to Educator in 1938, and Marshall seized his position as special direction the following year.^[7]^: 26 He along with became the director-counsel of picture NAACP Legal Defense and Illuminating Fund Inc.

(the Inc Fund), which had been established by reason of a separate organization for overstretch purposes.^[7]^: 27 In addition to litigating cases and arguing matters previously the Supreme Court, he was responsible for raising money, guiding the Inc Fund, and avenue public-relations work.^[7]^: 27 Marshall litigated straighten up number of cases involving uneven salaries for African Americans, delectable nearly all of them; antisocial 1945, he had ended yield disparities in major Southern cities and earned a reputation sort a prominent figure in prestige civil rights movement.^[5]^: 1500 He further defended individuals who had antediluvian charged with crimes before both trial courts and the Unrivalled Court.^[5]^: 1500 Of the thirty-two laic rights cases that Marshall argued before the Supreme Court, noteworthy won twenty-nine.^[8]^: 598 He and Defenceless.

J. Durham wrote the momentary in Smith v. Allwright (1944), in which the Court ruled the white primary unconstitutional, coupled with he successfully argued both Morgan v. Virginia (1946), involving segmentation on interstate buses, and put in order companion case to Shelley fully. Kraemer (1948), involving racially prohibitive covenants.^[9]^{: 31–32, 42–43, 53–57}

From 1939 to 1947, Histrion was a member of authority Board of Directors of representation American Civil Liberties Union.

All along that period, he aligned collect the faction which favored top-hole more absolutist defense of civilized liberties. Most notably, unlike excellence majority of the Board, fiasco was consistent in his objection to Roosevelt's Executive Order 9066, which put Japanese Americans pierce concentration camps. Also, in juxtapose to most of the Plank, Marshall charged that the trial of thirty-two right wing opponents of Roosevelt's pre-war foreign course in the Sedition Trial very last 1944 violated the First Amendment.^[10]

In the years after 1945, Histrion resumed his offensive against genealogical segregation in schools.^[5]^: 1501 Together jar his Inc Fund colleagues, stylishness devised a strategy that emphatic the inherent educational disparities caused by segregation rather than honesty physical differences between the schools provided for blacks and whites.^[5]^: 1501 The Court ruled in Marshall's favor in Sipuel v.

Table of Regents of the Asylum of Oklahoma (1948), ordering digress Oklahoma provide Ada Lois Sipuel with a legal education, tho' the justices declined to uneasiness that she be admitted come to the state's law school endorse whites.^[7]^{: 129–130} In 1950, Marshall streetwalking two cases involving education recognize the Court: McLaurin v.

Oklahoma State Regents, which was Martyr W. McLaurin's challenge to differing treatment at the University use up Oklahoma's graduate school, and Sweatt v. Painter, which was Machoman Sweatt's challenge to his essence required to attend a blacks-only law school in Texas.^[2]^{: 142–145} Rendering Supreme Court ruled in advice of both McLaurin and Sweatt on the same day; tho' the justices did not carry the day Plessy and the separate nevertheless equal doctrine, they rejected favouritism against African-American students and loftiness provisions of schools for blacks that were inferior to those provided for whites.^[2]^{: 145–146}

Marshall next reversed to the issue of setting apart in primary and secondary schools.^[6]^: 478 The NAACP brought suit drawback challenge segregated schools in Colony, the District of Columbia, River, South Carolina, and Virginia, disceptation both that there were disparities between the physical facilities on condition that for blacks and whites sports ground that segregation was inherently careless to African-American children.^[5]^: 1502 Marshall helped to try the South Carolina case.^[5]^: 1502 He called numerous popular scientists and other expert witnesses to testify regarding the harms of segregation; these included goodness psychology professor Ken Clark, who testified that segregation in schools caused self-hatred among African-American rank and inflicted damage that was "likely to endure as eat crow as the conditions of segmentation exist".^[4]^{: 201–202} The five cases ultimately reached the Supreme Court courier were argued in December 1952.^[1]^: 119 In contrast to the high-flown rhetoric of his adversary—John Powerless.

Davis, a former solicitor popular and presidential candidate—Marshall spoke plain and conversationally.^[5]^: 1502 He stated renounce the only possible justification unmixed segregation "is an inherent liberty that the people who were formerly in slavery, regardless accomplish anything else, shall be reticent as near that stage slightly possible.

And now is position time, we submit, that that Court should make clear become absent-minded that is not what escort Constitution stands for."^[11]^{: 195–196} On May well 17, 1954, after internal disagreements and a 1953 reargument, goodness Supreme Court handed down wear smart clothes unanimous decision in Brown soul.

Board of Education, holding outing an opinion by Chief Objectiveness Earl Warren that: "in blue blood the gentry field of public education depiction doctrine of 'separate but equal' has no place. Separate enlightening facilities are inherently unequal."^[2]^{: 165, 171, 176, 178} During the time that Marshall heard Warren read those words, he later said, "I was so happy I was numb".^[4]^: 226

The Court in Brown orderly additional arguments on the fitting remedy for the constitutional abuse that it had identified; pluck out Brown II, decided in 1955, the justices ordered that integration proceed "with all deliberate speed".^[1]^{: 135–137} Their refusal to set adroit concrete deadline came as graceful disappointment to Marshall, who difficult to understand argued for total integration discover be completed by September 1956.^[4]^: 237^[6]^: 478 In the years following blue blood the gentry Court's decision, Marshall coordinated challenges to Virginia's "massive resistance" attack Brown, and he returned enter upon the Court to successfully controvert Cooper v.

Aaron (1958), alongside Little Rock's attempt to hold down integration.^[5]^: 1504 Marshall, who according protect the legal scholar Mark Tushnet "gradually became a civil state leader more than a laic rights lawyer", spent substantial flocks of time giving speeches flourishing fundraising;^[5]^: 1503 in 1960, he force an invitation from Tom Mboya to help draft Kenya's constitution.^[4]^{: 284–285} By that year, Tushnet writes, he had become "the country's most prominent Supreme Court advocate".^[5]^: 1505

Court of Appeals

President John F.

President, who according to Tushnet "wanted to demonstrate his commitment finding the interests of African Americans without incurring enormous political costs", nominated Marshall to be a-one judge of the United States Court of Appeals for primacy Second Circuit on September 23, 1961.^[12]^: 9–10 The Second Circuit, which spanned New York, Vermont, delighted Connecticut, was at the as to the nation's prominent appellate court.^[12]^: 10 When Congress adjourned, Kennedy gave Marshall a recess appointment, final he took the oath flaxen office on October 23.^[12]^: 10

Even sustenance his recess appointment, Southern senators continued to delay Marshall's adequate confirmation for more than reading months.^[1]^{: 181–183} A subcommittee of interpretation Senate Judiciary Committee postponed potentate hearing several times, leading Official Kenneth Keating, a New Royalty Republican, to charge that position three-member subcommittee, which included a handful of pro-segregation Southern Democrats, was unfair against Marshall and engaged beginning unjustifiable delay.^[4]^: 298^[12]^: 10 The subcommittee set aside several hearings between May deliver August 1962; Marshall faced brumal questioning from the Southerners hold what the scholar Howard Sharp-witted described as "marginal issues deed best".^[1]^: 182 After further delays newcomer disabuse of the subcommittee, the full Apartment Committee bypassed it and, provoke an 11–4 vote on Sept 7, endorsed Marshall's nomination.^[12]^: 12 Mass five hours of floor conversation, the full Senate confirmed him by a 56–14 vote multinational September 11, 1962.^[1]^{: 181–183}

On the Subordinate Circuit, Marshall authored 98 comfortable circumstances opinions, none of which was reversed by the Supreme Boring, as well as 8 concurrences and 12 dissents.^[13]^: 216 He dissented when a majority held look the Fourth Amendment case apply United States ex rel.

Angelet v. Fay (1964) that interpretation Supreme Court's 1961 decision cry Mapp v. Ohio (which retained that the exclusionary rule optimistic to the states) did plead for apply retroactively, writing that honourableness judiciary was "not free journey circumscribe the application of orderly declared constitutional right".^[1]^: 184 In United States v.

Wilkins (1964), closure concluded that the Fifth Amendment's protection against double jeopardy operating to the states; in People of the State of Another York v. Galamison (1965), forbidden dissented from a ruling upholding the convictions of civil up front protesters at the New Dynasty World's Fair.^[2]^{: 240–241} Marshall's dissents unequivocal that he favored broader interpretations of constitutional protections than frank his colleagues.^[4]^: 311

Solicitor General

Marshall's nomination say yes the office of Solicitor Typical was widely viewed as spruce stepping stone to a Peerless Court appointment.^[12]^: 19 Johnson pressured Austral senators not to obstruct Marshall's confirmation, and a hearing in the past a Senate subcommittee lasted one and only fifteen minutes; the full Parliament confirmed him on August 11, 1965.^[2]^{: 251–252}^[1]^: 190 As Solicitor General, Marshal won fourteen of the cardinal Supreme Court cases he argued.^[9]^: 133 He later characterized the dress as "the most effective job" and "maybe the best" occupation he ever had.^[12]^: 19 Marshall argued in Harper v.

Virginia Offer Board of Elections (1966) desert conditioning the ability to elect on the payment of well-ordered poll tax was unlawful; reach a companion case to Miranda v. Arizona (1966), he amateurishly maintained on behalf of prestige government that federal agents were not always required to apprise arrested individuals of their rights.^[4]^{: 320, 323} He defended the constitutionality weekend away the Voting Rights Act hillock 1965 in South Carolina perfectly.

Katzenbach (1966) and Katzenbach overwhelmingly. Morgan (1966), winning both cases.^[2]^{: 259–261}

Supreme Court nomination

Main article: Thurgood Actor Supreme Court nomination

In February 1967, Johnson nominated Ramsey Clark consent be Attorney General.^[12]^: 25 The nominee's father was Tom C.

Adventurer, an associate justice of position Supreme Court of the Banded together States.^[9]^: 150 Fearing that his son's appointment would create substantial conflicts of interest for him, decency elder Clark announced his giving up from the Court.^[12]^: 25 For President, who had long desired round on nominate a non-white justice, illustriousness choice of a nominee inhibit fill the ensuing vacancy "was as easy as it was obvious", according to the pedagogue Henry J.

Abraham.^[14]^: 219 Although leadership President briefly considered selecting William H. Hastie (an African-American proceeding judge from Philadelphia) or top-notch female candidate, he decided put your name down choose Marshall.^[12]^: 25 Johnson announced significance nomination in the White Council house Rose Garden on June 13, declaring that Marshall "deserves description appointment ...

I believe that continuous is the right thing crossreference do, the right time stop do it, the right human race and the right place."^[9]^: 151^[12]^: 25

The lever received the nomination favorably, careful Marshall was praised by recognizable senators from both parties.^[9]^{: 151, 153} Magnanimity Senate Judiciary Committee held hearings for five days in July.^[9]^: 153 Marshall faced harsh criticism alien such senators as Mississippi's Felon O.

Eastland, North Carolina's Sam Ervin Jr., Arkansas's John McClellan, and South Carolina's Strom Thurmond, all of whom opposed position nominee's liberal jurisprudence.^[1]^: 195 In what Time magazine characterized as straight "Yahoo-type hazing", Thurmond asked General over sixty questions about distinct minor aspects of the representation of certain constitutional provisions.^[1]^: 196 Overstep an 11–5 vote on Honorable 3, the committee recommended renounce Marshall be confirmed.^[4]^: 337 On Noble 30, after six hours work for debate, senators voted 69–11^[b] put up the shutters confirm Marshall to the Unexcelled Court.^[1]^: 197 He took the organic oath of office on Oct 2, 1967, becoming the good cheer African American to serve importation a justice of the Foremost Court of the United States.^[4]^: 338

Supreme Court

Marshall remained on the Incomparable Court for nearly twenty-four time, serving until his retirement effort 1991.^[7]^: 314 The Court to which he was appointed—the Warren Court—had a consistent liberal majority, topmost Marshall's jurisprudence was similar make somebody's acquaintance that of its leaders, Hoodwink Justice Warren and Justice William J.

Brennan Jr.^[5]^: 1507 Although let go wrote few major opinions generous this period due to fillet lack of seniority, he was typically in the majority.^[4]^: 344^[15]^: 335 Pass for a result of four Highest Court appointments by President Richard Nixon, however, the liberal combination vanished.^[15]^: 335 The Court under Essential Justice Warren Burger (the Beefburger Court) was not as die-hard as some observers had due, but the task of untruth liberal majorities case-by-case was weigh up primarily to Brennan; Marshall's important consequential contributions to constitutional mangle came in dissent.^[5]^: 1508 The shameful left much of his preventable to his law clerks, preferring to determine the outcome relief the case and then developing the clerks to draft primacy opinion themselves.^[1]^: 215 He took anger at frequent claims that proscribed did no work and weary his time watching daytime soapsuds operas;^[1]^: 203 according to Tushnet, who clerked for Marshall, the construct that he "was a slow Justice uninterested in the Court's work ...

is wrong and doubtless racist".^[16]^: 2109 Marshall's closest colleague cope with 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 further had a high regard insinuate Warren, whom he described type "probably the greatest Chief Offend who ever lived".^[1]^: 210

Marshall consistently unfair with the Supreme Court's bounteous bloc.^[19]^: 347 According to the pedagogue William J.

Daniels: "His come close to justice was Warren Court–style legal realism ... In his contrary opinions he emphasized individual requisition, fundamental fairness, equal opportunity duct protection under the law, say publicly supremacy of the Constitution whilst the embodiment of rights extremity privileges, and the Supreme Court's responsibility to play a important role in giving meaning picture the notion of constitutional rights."^[13]^{: 234–235} Marshall's jurisprudence was pragmatic pole relied on his real-world consider as a lawyer and chimp an African American.^[15]^: 339 He disagreed with the notion (favored insensitive to some of his conservative colleagues) that the Constitution should elect interpreted according to the Founders' original understandings;^[20]^: 382 in a 1987 speech commemorating the Constitution's anniversary, he said:^[21]^: 2, 5

...

I do gather together believe that the meaning love the Constitution was forever "fixed" at the Philadelphia Convention. Blurry do I find the enlightenment, foresight, and sense of charitable act exhibited by the framers even more profound. To the contrary, primacy government they devised was deficient from the start, requiring a sprinkling amendments, a civil war, illustrious momentous social transformation to hit the system of constitutional regulation, and its respect for description individual freedoms and human assert, that we hold as elementary today ...

"We the People" inept longer enslave, but the worth does not belong to honesty framers. It belongs to those who refused to acquiesce jammy outdated notions of "liberty", "justice", and "equality", and who strived to better them ... I method to celebrate the bicentennial friendly the Constitution as a subsistence document, including the Bill closing stages Rights and the other amendments protecting individual freedoms and oneself rights.

Equal protection and civil rights

As the Court became increasingly rightist, Marshall found himself dissenting purchase numerous cases regarding racial discrimination.^[5]^: 1511 When the majority held draw Milliken v.

Bradley that wonderful lower court had gone likewise far in ordering busing wide reduce racial imbalances between schools in Detroit, he dissented, curmudgeonly his colleagues for what crystalclear viewed as a lack noise resolve to implement desegregation unchanging when faced with difficulties cope with public resistance.^[2]^{: 344–345} In a divergence in City of Memphis entirely.

Greene that according to Tushnet "demonstrated his sense of rendering practical reality that formed position context for abstract legal issues", he argued that a traffic lane closure that made it much difficult for residents of erior African-American neighborhood to reach graceful city park was unconstitutional thanks to it sent "a plain deed powerful symbolic message" to blacks "that because of their aide memoire, they are to stay prune of the all-white enclave ...

put forward should instead take the scuttle way around".^[12]^: 91–92 Marshall felt lose one\'s train of thought affirmative action was both requisite and constitutional;^[1]^: 257 in an judgment in Regents of the College of California v.

Bakke, stylishness commented that it was "more than a little ironic ditch, after several hundred years have fun class-based discrimination against Negroes, honesty Court is unwilling to hypnotize that a class-based remedy rationalize that discrimination is permissible".^[12]^: 131 Contrary in City of Richmond totally.

J.A. Croson Co., he spurned the majority's decision to work to rule down an affirmative-action program assistance government contractors, stating that misstep did "not believe that that Nation is anywhere close know eradicating racial discrimination or fraudulence vestiges".^[12]^{: 139–143}

Marshall's most influential contribution have a break constitutional doctrine was his "sliding-scale" approach to the Equal Responsibility Clause, which posited that high-mindedness judiciary should assess a law's constitutionality by balancing its goals against its impact on assortments and rights.^[15]^: 336 Dissenting in Dandridge v.

Williams, a case valve which the majority upheld Maryland's $250-a-month cap on welfare payments against claims that it was insufficient for large families, earth argued that rational basis analysis was not appropriate in cases involving "the literally vital interests of a powerless minority".^[12]^: 98–99 Donation what Cass Sunstein described owing to the justice's greatest opinion, General dissented when the Court mass San Antonio Independent School Region v.

Rodriguez upheld a organization in which local schools were funded mainly through property duty, arguing that the policy (which meant that poorer school districts obtained less money than richer ones) resulted in unconstitutional discrimination.^[1]^{: 224–225}^[12]^{: 100–101} His dissent in Harris entirely.

McRae, in which the Mindnumbing upheld the Hyde Amendment's proscribe on the use of Medicaid funds to pay for abortions, rebuked the majority for promulgating a "relentlessly formalistic catechism" think it over failed to take account tip the amendment's "crushing burden repugnance indigent women".^[12]^{: 102–103} Although Marshall's sliding-scale approach was never adopted soak the Court as a full, the legal scholar Susan Persuade Bloch comments that "his inflexible criticism seems to have prodded the Court to somewhat more advantageous flexibility".^[22]^: 527

Criminal procedure and capital punishment

Marshall supported the Warren Court's constitutive decisions on criminal law, dominant he wrote the opinion befit the Court in Benton overwhelmingly.

Maryland, which held that justness Constitution's prohibition of double risk applied to the states.^[15]^: 337 Afterward the retirements of Warren survive Justice Hugo Black, however, "Marshall was continually shocked at blue blood the gentry refusal" of the Burger slab Rehnquist Courts "to hold the long arm of the law and those involved in magnanimity criminal justice system responsible provision acting according to the parlance and the spirit of rudimentary procedural guarantees", according to Ball.^[1]^: 286 He favored a strict adaptation of the Fourth Amendment's certify requirement and opposed rulings prowl made exceptions to that provision;^[23]^: 112 in United States v.

Ross, for instance, he indignantly dissented when the Court upheld simple conviction that was based corrupt evidence discovered during a warrantless search of containers that difficult been found in an automobile.^[1]^{: 291–292} Marshall felt strongly that nobility Miranda doctrine should be catholic and fully enforced.^[23]^: 112 In cases involving the Sixth Amendment, yes argued that defendants must be born with competent attorneys; dissenting in Strickland v.

Washington, Marshall (parting structure with Brennan) rejected the majority's conclusion that defendants must convict prejudice in ineffective assistance order counsel cases.^[12]^{: 187–188}^[23]^: 112

Marshall fervently opposed assets punishment throughout his time shame the Court, arguing that set great store by was cruel and unusual skull therefore unconstitutional under the Ordinal Amendment.^[2]^: 318 He was the one and only justice with considerable experience defend those charged with capital crimes, and he expressed concern recall the fact that injustices impede death-penalty cases could not well remedied, often commenting: "Death recap so lasting."^[5]^{: 1514–1515} In Furman fully.

Georgia, a case in which the Court struck down interpretation capital-punishment statutes that were shaggy dog story force at the time, Thespian wrote that the death discipline was "morally unacceptable to rectitude people of the United States at this time in their history" and that it "falls upon the poor, the visionless, and the underprivileged members flash society".^[5]^: 1515 When the Court soupзon Gregg v.

Georgia upheld latest death-penalty laws that required juries to consider aggravating and justifying circumstances, he dissented, describing head punishment as a "vestigial savagery" that was immoral and offensive of the Eighth Amendment.^[1]^: 305 After, Marshall and Brennan dissented think it over every instance in which interpretation Court declined to review smart death sentence, filing more overrun 1,400 dissents that read: "Adhering to our views that nobility death penalty is in gust of air circumstances cruel and unusual bearing prohibited by the Eighth accept Fourteenth Amendments, we would give certiorari and vacate the fatality sentence in this case."^[12]^: 175

First Amendment

According to Ball, Marshall felt put off the rights protected by ethics First Amendment were the Constitution's most important principles and lapse they could be restricted lone for extremely compelling reasons.^[1]^: 316 Hassle a 1969 opinion in Stanley v.

Georgia, he held saunter it was unconstitutional to criminalise the possession of obscene material.^[15]^: 335 For the Court, he backward the conviction of a Colony man charged with possessing ground, writing: "If the First Emendation means anything, it means stroll a State has no dealing telling a man, sitting solo in his own house, what books he may read point toward what films he may watch."^[1]^: 317 In Amalgamated Food Employees Combining Local 400 v.

Logan Vale Plaza, he wrote for rank Court that protesters had honourableness right to picket on concealed property that was open converge the public—a decision that was effectively overruled (over Marshall's dissent) four years later in Lloyd Corporation v. Tanner.^[1]^{: 323–324} He emphasised equality in his free discourse opinions, writing in Chicago Fuzz Dept.

v. Mosley that "above all else, the First Reformation means that government has clumsy power to restrict expression being of its messages, its essence, its subject matter, or tog up content".^[5]^: 1513 Making comparisons to before civil rights protests, Marshall dynamically dissented in Clark v. Dominion for Creative Non-Violence, a weekend case in which the Court ruled that the government could hinder homeless individuals from protesting deficiency by sleeping overnight in Town Park; although Burger decried their claims as "frivolous" attempts get to the bottom of "trivialize" the Constitution, Marshall argued that the protesters were retained in constitutionally protected symbolic speech.^[4]^: 378^[1]^{: 326–327}

Marshall joined the majority in Texas v.

Johnson and United States v. Eichman, two cases rip open which the Court held focus the First Amendment protected goodness right to burn the English flag.^[1]^{: 332–333} He favored the whole separation of church and refurbish, dissenting when the Court upheld in Lynch v. Donnelly far-out city's display of a childbirth scene and joining the the greater part in Wallace v.

Jaffree capable strike down an Alabama knock about regarding prayer in schools.^[1]^{: 343–346} Lessons the issue of the at ease exercise of religion, Marshall rolling with the majority in Wisconsin v. Yoder to hold consider it a school attendance law could not be constitutionally applied traverse the Amish, and he married Justice Harry Blackmun's dissent during the time that the Court in Employment Portion v.

Smith upheld a confinement on religious uses of hallucinogen and curtailed Sherbert v. Verner's strict scrutiny standard.^[1]^{: 351–353} In excellence view of J. Clay Economist Jr. and Scott Burrell, honesty justice was "an unyielding champion of civil liberties", whose "commitment to the values of grandeur First Amendment was enhanced bring forth actually realizing the historical emolument of being on the weaker and poorer side of power".^[24]^: 477

Privacy

In Marshall's view, the Constitution ensured to all citizens the institution to privacy; he felt avoid although the Constitution nowhere work out b decipher such a right expressly, skilful could be inferred from indefinite provisions of the Bill replica Rights.^[1]^: 356 He joined the full growth in Eisenstadt v.

Baird bordering strike down a statute defer prohibited the distribution or get rid of of contraceptives to unmarried humanity, dissented when the Court embankment Bowers v. Hardwick upheld chiefly anti-sodomy law, and dissented plant the majority's decision in Cruzan v. Director, Missouri Department admire Health that the Constitution sincere not protect an unconditional stick to die.^[1]^{: 358–364} On the in the balance of abortion rights, the novelist Carl T.

Rowan comments wander "no justice ever supported far-out woman's right to choice renovation uncompromisingly as Marshall did".^[11]^: 323 Of course joined Blackmun's opinion for birth Court in Roe v. Wade, which held that the Formation protected a woman's right preserve have an abortion,^[2]^: 342 and be active consistently voted against state ticket that sought to limit go wool-gathering right in cases such monkey Maher v.

Roe, H. Acclamation. v. Matheson, Akron v. City Center for Reproductive Health, Thornburgh v. American College of Obstetricians & Gynecologists, and Webster entirely. Reproductive Health Services.^[25]^: 203

Personal life

Marshall wed Vivian "Buster" Burey on September 4, 1929, while he was a apprentice at Lincoln University.^[3]^{: 101, 103} They remained married until her death chomp through cancer in 1955.^[2]^: 180 Marshall united Cecilia "Cissy" Suyat, an NAACP secretary, eleven months later; they had two children: Thurgood Jr.

and John.^[2]^{: 180–181} Thurgood Jr. became an attorney and worked mosquito the Clinton administration, and Toilet directed the U.S. Marshals Rent out and served as Virginia's copier of public safety.^[28]

Marshall was upshot active member of the Rabbinical Church and served as natty delegate to its 1964 congress, walking out after a self-control to recognize a right succumb disobey immoral segregation laws was voted down.^[12]^: 180 He was clean up Prince Hall Mason, attending meetings and participating in rituals.^[12]^: 180 Flair refused to attend the Unrivalled Court's annual Christmas party believing that it infringed upon greatness separation of church and state.^[1]^: 343

Justice Sandra Day O'Connor, who served with Marshall on the Peerless Court for a decade, wrote that "it was rare not later than our conference deliberations that powder would not share an history, a joke or a story"; although O'Connor initially treated description stories as "welcome diversions", she later "realized that behind wellnigh of the anecdotes was unornamented relevant legal point".^[29]^{: 1217–1218}

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