Thurgood Marshall: Early Life and Facts
Thurgood Marshall was born on July 2nd, 1908, in Baltimore, Maryland to parents Norma and William Marshall. His mother Norma was a Kindergarten teacher and his father William worked as a dining car waiter before becoming chief steward at a country club. From a young age, Marshall’s father took him and his brother to watch arguments in court, which they would discuss and argue themselves afterwards.
While his parents tried to shield him from the worst of racism, Thurgood Marshall was witness to many forms of racial discrimination as a child. For example, while they lived in a nice area and Marshall went to a good school, it was a segregated, all-Black school.
Fig. 1 - Photograph of Thurgood Marshall while on the U.S. Supreme Court
At Marshall’s high school, teachers punished students by making them sit outside the classroom and read the Constitution. As Marshall was a bit of a troublemaker, he became very familiar with the document. Upon graduation, Marshall attended Lincoln University in Oxford, Pennsylvania where he joined the debate club and helped desegregate a local movie theater.
One of Thurgood Marshall’s high school classmates was Langston Hughes who would go on to become a major writer of the Harlem Renaissance.
After graduating from Lincoln University with honors in 1930, Marshall applied to the University of Maryland Law School. Despite his stellar academic record, the school denied his application because of his race–the University of Maryland was still segregated. As a result, Thurgood Marshall attended Howard University instead.
At law school, Thurgood Marshall developed a passion for civil rights, in part due to his early experiences with racism. He also met Charles Houston, the vice-dean, who would become a significant figure in Marshall’s life as a mentor and door-opener. Houston preached about the possibility of fighting discrimination using existing laws and introduced Marshall to the National Association for the Advancement of Colored of People (NAACP) meetings.
National Association for the Advancement of Colored of People (NAACP)
civil rights organization founded in 1909
Thurgood Marshall: Work with the NAACP
In 1933, Thurgood Marshall graduated as valedictorian and opened up a law firm in Baltimore. He often volunteered with the NAACP and in 1935, Charles Houston helped get Marshall appointed as Assistant Special Counsel for New York. Together, they set out to overrule the “separate but equal” doctrine that essentially legalized segregation.
The “Separate but Equal” Doctrine
In 1896, the Supreme Court decided Plessy v. Ferguson and established the “separate but equal” doctrine. The case centered around Homer Plessy, a Black man who sat in a “whites-only” railway car. When convicted for violating the law, he appealed. He argued the law violated the Fourteenth Amendment’s equal protection clause, which guarantees “equal protection under the law.” The Supreme Court denied his appeal stating that facilities could be separate, so long as they were equal. This set the precedent for future cases and gave legal standing to segregation.
Fittingly, one of Thurgood Marshall’s first major wins was against the University of Maryland for their refusal to admit Black students. Murray v. Peason, decided in 1935, desegregated the school. In 1936, Thurgood Marshall took over as Special Counsel of New York, taking the position from Charles Houston. In this position, he traveled to dangerous areas in the South to investigate cases involving lynchings, voting rights, and fair trials.
In 1940, the NAACP founded the Legal Defense and Education Fund with Thurgood Marshall at the helm as Special Counsel. In this position, he came before the Supreme Court many times, winning an incredible 29 out of 32 cases.
Chambers v. Florida (1940): overturned the convictions of four Black men who gave coerced confessions
Smith v. Allwright (1944): found that Black voters had a right to vote in primaries
Shelley v. Kraemer (1948): found that restrictive housing covenants based on race were unconstitutional
Sweat v. Painter (1950): found that segregated facilities for professional and graduate schools were unconstitutional
Thurgood Marshall's most significant case was Brown v. Board of Education of Topeka. Brown v. Board finally overturned the “separate but equal” doctrine that had been in place for over five decades. The case revolved around a young Black student, Linda Brown, who had to travel across town to attend school when an “all-white” school was far closer. Thurgood Marshall brought evidence before the court that “separate” could never be “equal.” For example, schools for Black students often received far less funding than those for white students.
Marshall also introduced evidence from sociological testing that showed Black students developed a sense of inferiority because of the segregated schools. Although social science was new to the courtroom, it had a staunch effect. In 1954, the Supreme Court decided unanimously in favor of Brown. Segregation did indeed violate the Fourteenth Amendment. As the new precedent, Brown v. Board led to the end of segregation outside of the school system as well.
Thurgood Marshall: Federal Court Judge
In 1961, President John F. Kennedy appointed Thurgood Marshall federal judge to the Second Circuit of Appeals in New York City. It took several months for him to take the position as Southern Senators tried to delay his confirmation, but once in the position, Marshall served for four years. During his tenure, he had a stellar record once again, with not one of his opinions reversed on appeal to the Supreme Court.
Thurgood Marshall: Supreme Court Justice
In 1965, Thurgood Marshall left his position as a federal judge to take on an even higher office as Solicitor General of the United States under President Lyndon B. Johnson. After two years of representing the United States before the Supreme Court, he received yet another honor–in 1967, Thurgood Marshall joined the Supreme Court as the first Black Supreme Court Justice.
On the Supreme Court, Thurgood Marshall was an advocate for judicial activism, rather than judicial restraint. He believed in a living Constitution that evolved in meaning as society evolved. He had a special interest in protecting individual rights, expanding civil rights, limiting the scope of criminal punishment, and restricting states’ rights.
When Justice Marshall first joined the Supreme Court, he had like-minded justices at his side. Chief Justice Earl Warren was also an advocate for judicial activism and had been at the helm when the court deemed segregation unconstitutional in Brown v. Board of Education. However, by the time of Thurgood Marshall’s retirement, he was surrounded by more conservative justices appointed by Republican presidents. As a result, he earned the title of “the Great Dissenter.”
Fig. 2 - Chief Justice Earl Warren
Thurgood Marshall: Later Life and Death
In 1991, Thurgood Marshall retired, and Justice Clarence Thomas took his position. Two years later, in 1993, Marshall passed away in his home state of Maryland.
Justice Thurgood Marshall’s Accomplishments
Thurgood Marshall may have been a Supreme Court Justice, but his work before the prestigious honor was just as remarkable. He served the civil rights movement in various capacities, both through the cases he argued and the cases he decided. And, as the first Black Supreme Court Justice, Marshall was a trailblazer, opening the door for later Black Justices.
Thurgood Marshall’s Political Party
Thurgood Marshall was a member of the Democratic Party. It was also a Democrat, President Lyndon B. Johnson, who appointed Marshall to the Supreme Court.
Fig. 3 - Lyndon B. Johnson
Thurgood Marshall - Key Takeaways
- Thurgood Marshall attended college at Lincoln University before applying to the University of Maryland Law School. They denied his application because of his race so he attended Howard University instead.
- At law school, he met Charles Houston, his mentor, who introduced him to the work of the NAACP. Together, they set out to overturn the "separate but equal" doctrine.
- Houston also helped Marshall get appointed Assistant Special Counsel for the New York chapter of the NAACP in 1935 and then Special Counsel in 1936.
- In 1940, the NAACP founded the Legal Defense and Education Fund with Marshall at the helm. Marshall's most significant case was Brown v. Board of Education of Topeka, which ended segregation by overturning the "separate but equal" doctrine.
- In 1961, President Kennedy appointed Thurgood Marshall federal judge of the Second Circuit Court of Appeals in New York City. He remained in this position for four years.
- In 1967, Thurgood Marshall became the first Black Supreme Court Justice. He retired in 1991 and died two years later in 1993.
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