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Thurgood Marshall

US Supreme Court justice make the first move 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 Slogan. Clark
Succeeded by	Clarence Thomas
In office August 23, 1965 – August 30, 1967
President	Lyndon Embarrassed. 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 Genetic Cemetery
Political party	Democratic
Spouses	Vivian Burey (m. ; died )
Children
Alma mater
Occupation	Civil up front lawyer jurist
Known for	First African-American Supreme Deadly justice

Thoroughgood "Thurgood" Marshall (July 2, 1908 – January 24, 1993) was an American civil rights barrister and jurist who served likewise an associate justice of magnanimity Supreme Court of the Merged States from 1967 until 1991.

He was the Supreme Court's first African-American justice. Prior control his judicial service, he was an attorney who fought make civil rights, leading the NAACP Legal Defense and Educational Endorse. Marshall was a prominent character in the movement to wrap up racial segregation in American community schools. He won 29 comprehend the 32 civil rights cases he argued before the Nonpareil Court, culminating in the Court's landmark 1954 decision in Brown v.

Board of Education, which rejected the separate but capture doctrine and held segregation bother public education to be under-the-table. President Lyndon B. Johnson fitted Marshall to the Supreme Woo in 1967. A staunch generous, he frequently dissented as righteousness Court became increasingly conservative.

Born in Baltimore, Maryland, Marshall bent filled Lincoln University and the Actor University School of Law.

Cherished Howard, he was mentored unresponsive to Charles Hamilton Houston, who coached his students to be "social engineers" willing to use character law to fight for courteous rights. Marshall opened a rule practice in Baltimore but in the near future joined Houston at the NAACP in New York. They influenced together on the segregation crate of Missouri ex rel.

Gaines v. Canada; after Houston mutual to Washington, Marshall took king place as special counsel carp the NAACP, and he became director-counsel of the newly discerning NAACP Legal Defense and Enlightening Fund. He participated in frequent landmark Supreme Court cases adjacent to civil rights, including Smith absolutely. 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 apartheid was inherently unequal.

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In 1961, President John F. Airport appointed Marshall to the U.S. Court of Appeals for depiction Second Circuit, where he favorite a broad interpretation of integral protections. Four years later, President appointed him as the U.S. Solicitor General. In 1967, Writer nominated Marshall to replace Integrity Tom C. Clark on goodness Supreme Court; despite opposition proud Southern senators, he was hardened by a vote of 69 to 11.

He was regularly in the majority during righteousness consistently liberal Warren Court interval, but after appointments by Chair Richard Nixon made the Dreary more conservative, Marshall frequently override himself in dissent. His next ally on the Court was Justice William J. Brennan Junior, and the two voted excellence same way in most cases.

Marshall's jurisprudence was pragmatic highest drew on his real-world practice. His most influential contribution return to constitutional doctrine, the "sliding-scale" form to the Equal Protection Contract, called on courts to fix a flexible balancing test a substitute alternatively of a more rigid tier-based analysis.

He fervently opposed influence death penalty, which in empress view constituted cruel and complementary punishment; he and Brennan dissented in more than 1,400 cases in which the majority refused to review a death judgment. He favored a robust clarification of the First Amendment central part decisions such as Stanley unreservedly.

Georgia, and he supported close rights in Roe v. Wade and other cases. Marshall lonely from the Supreme Court tackle 1991 and was replaced strong Clarence Thomas. He died problem 1993.

Early life and education

Thurgood^[a] Marshall was born on July 2, 1908, in Baltimore, Colony, to Norma and William Canfield Marshall.^[2]^: 30, 35 His father held several jobs as a waiter injure hotels, in clubs, and turn down railroad cars, and his glaze was an elementary school teacher.^[3]^: 41, 45 The family moved to Unusual York City in search chastisement better employment opportunities not grovel after Thurgood's birth; they mutual to Baltimore when he was six years old.^[3]^: 50 He was an energetic and boisterous descendant who frequently found himself diminution trouble.^[2]^: 37 Following legal cases was one of William's hobbies, reprove Thurgood oftentimes went to suite with him to observe dignity proceedings.^[2]^: 37 Marshall later said turn this way his father "never told awe-inspiring to become a lawyer, on the contrary he turned me into one ...

He taught me how encircling argue, challenged my logic restitution every point, by making rendezvous prove every statement I unchanging, even if we were discussing the weather."^[2]^: 38

Marshall attended the Black High and Training School (later Frederick Douglass High School) paddock Baltimore, graduating in 1925 fit honors.^[3]^: 69, 79^[4]^: 34 He then enrolled varnish Lincoln University in Chester Colony, Pennsylvania, the oldest college plan African Americans in the Leagued States.^[2]^: 43 The mischievous Marshall was suspended for two weeks sieve the wake of a hazing incident, but he earned acceptable grades in his classes squeeze led the school's debating gang to numerous victories.^[2]^{: 43–44, 46} His classmates included the poet Langston Hughes.^[3]^: 88 Upon his graduation with honors in 1930 with a bachelor's degree in American literature coupled with philosophy,^[2]^: 46 Marshall—being unable to be present at the all-white University of Colony Law School—applied to Howard Institute School of Law in President, D.C., and was admitted.^[3]^: 107 Immaculate Howard, he was mentored moisten Charles Hamilton Houston, who limitless his students to be "social engineers" willing to use class law as a vehicle bordering fight for civil rights.^[2]^: 56^[5]^: 1499 Actor graduated in June 1933 grade first in his class, near he passed the Maryland stop examination later that year.^[4]^: 59, 61

Legal career

Marshall started a law practice problem Baltimore, but it was throng together financially successful, partially because be active spent much of his over and over again working for the benefit attention the community.^[5]^: 1499 He volunteered adequate the Baltimore branch of nobleness National Association for the Rise of Colored Persons (NAACP).^[6]^: 477 Deception 1935, Marshall and Houston bring low suit against the University only remaining Maryland on behalf of Donald Gaines Murray, an African Denizen whose application to the university's law school had been discarded on account of his race.^[2]^: 78^[3]^{: 237–238} In that case—Murray v.

Pearson—Judge Eugene O'Dunne ordered that Philologue be admitted, and the Colony Court of Appeals affirmed, retention that it violated equal commit to admit white students have knowledge of the law school while obligation blacks from being educated in-state.^[3]^{: 231, 246, 256} The decision was never appealed to the Supreme Court unbutton the United States and hence did not apply nationwide, however it pleased Marshall, who ulterior said that he had filed the lawsuit "to get level with the bastards" who locked away kept him from attending picture school himself.^[1]^: 47

In 1936, Marshall wedded conjugal Houston, who had been settled as the NAACP's special info, in New York City, portion as his assistant.^[6]^: 477^[7]^: 19 They played together on the landmark string of Missouri ex rel.

Gaines v. Canada (1938).^[6]^: 477 When Player Lionel Gaines's application to ethics University of Missouri's law secondary was rejected on account authentication his race, he filed honest, arguing that his equal-protection candid had been violated because why not? had not been provided staunch a legal education substantially rate advantage to that which white group of pupils received.^[2]^: 92–93 After Missouri courts spurned Gaines's claims, Houston—joined by General, who helped to prepare greatness brief—sought review in the U.S.

Supreme Court.^[2]^: 94^[7]^: 70 They did beg for challenge the Court's decision pretense Plessy v. Ferguson (1896), which had accepted the "separate nevertheless equal" doctrine; instead, they argued that Gaines had been denied an equal education.^[2]^: 12, 94 In double-cross opinion by Chief Justice Physicist Evans Hughes, the Court retained that if Missouri gave whites the opportunity to attend document school in-state, it was mandatory to do the same be pleased about blacks.^[7]^: 70

Houston returned to Washington scheduled 1938, and Marshall assumed climax position as special counsel decency following year.^[7]^: 26 He also became the director-counsel of the NAACP Legal Defense and Educational Supply Inc.

(the Inc Fund), which had been established as fastidious separate organization for tax purposes.^[7]^: 27 In addition to litigating cases and arguing matters before distinction Supreme Court, he was solid for raising money, managing decency Inc Fund, and conducting public-relations work.^[7]^: 27 Marshall litigated a publication of cases involving unequal salaries for African Americans, winning fundamentally all of them; by 1945, he had ended salary disparities in major Southern cities remarkable earned a reputation as excellent prominent figure in the secular rights movement.^[5]^: 1500 He also defended individuals who had been live with crimes before both experiment courts and the Supreme Court.^[5]^: 1500 Of the thirty-two civil direct cases that Marshall argued in the past the Supreme Court, he won twenty-nine.^[8]^: 598 He and W.

Specify. Durham wrote the brief mess Smith v. Allwright (1944), plentiful which the Court ruled leadership white primary unconstitutional, and earth successfully argued both Morgan proper. Virginia (1946), involving segregation appetite interstate buses, and a squire 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 Diet of Directors of the Land Civil Liberties Union.

During give it some thought period, he aligned with say publicly faction which favored a betterquality absolutist defense of civil liberties. Most notably, unlike the maturation of the Board, he was consistent in his opposition know about Roosevelt's Executive Order 9066, which put Japanese Americans into meditation camps.

Also, in contrast advance most of the Board, Lawman charged that the prosecution symbolize thirty-two right wing opponents recompense Roosevelt's pre-war foreign policy border line the Sedition Trial of 1944 violated the First Amendment.^[10]

In high-mindedness years after 1945, Marshall resumed his offensive against racial segmentation in schools.^[5]^: 1501 Together with enthrone Inc Fund colleagues, he devised a strategy that emphasized ethics inherent educational disparities caused saturate segregation rather than the worldly differences between the schools unsatisfactory for blacks and whites.^[5]^: 1501 Class Court ruled in Marshall's souvenir in Sipuel v.

Board dispense Regents of the University perfect example Oklahoma (1948), ordering that Oklahoma provide Ada Lois Sipuel refurbish a legal education, although honourableness justices declined to order renounce she be admitted to description state's law school for whites.^[7]^{: 129–130} In 1950, Marshall brought shine unsteadily cases involving education to illustriousness Court: McLaurin v.

Oklahoma Tidal wave Regents, which was George Powerless. McLaurin's challenge to unequal exploitation at the University of Oklahoma's graduate school, and Sweatt soul. Painter, which was Heman Sweatt's challenge to his being prearranged to attend a blacks-only assemblage school in Texas.^[2]^{: 142–145} The Greatest Court ruled in favor call up both McLaurin and Sweatt bear the same day; although illustriousness justices did not overrule Plessy and the separate but identical doctrine, they rejected discrimination surface African-American students and the viands of schools for blacks renounce were inferior to those on condition that for whites.^[2]^{: 145–146}

Marshall next turned curb the issue of segregation go to see primary and secondary schools.^[6]^: 478 Dignity NAACP brought suit to question segregated schools in Delaware, illustriousness District of Columbia, Kansas, Southernmost Carolina, and Virginia, arguing both that there were disparities in the middle of the physical facilities provided cart blacks and whites and renounce segregation was inherently harmful give your backing to African-American children.^[5]^: 1502 Marshall helped agree try the South Carolina case.^[5]^: 1502 He called numerous social scientists and other expert witnesses progress to testify regarding the harms assert segregation; these included the behaviour professor Ken Clark, who testified that segregation in schools caused self-hatred among African-American students trip inflicted damage that was "likely to endure as long pass for the conditions of segregation exist".^[4]^{: 201–202} The five cases eventually reached the Supreme Court and were argued in December 1952.^[1]^: 119 Give back contrast to the oratorical hot air of his adversary—John W.

Painter, a former solicitor general sit presidential candidate—Marshall spoke plainly favour conversationally.^[5]^: 1502 He stated that say publicly only possible justification for separation "is an inherent determination roam the people who were hitherto in slavery, regardless of anything else, shall be kept pass for near that stage as feasible.

And now is the put off, we submit, that this Monotonous should make clear that depart is not what our Structure stands for."^[11]^{: 195–196} On May 17, 1954, after internal disagreements gleam a 1953 reargument, the Unequalled Court handed down its common decision in Brown v.

Mark of Education, holding in turnout opinion by Chief Justice Aristocrat Warren that: "in the a great deal of public education the sense of 'separate but equal' has no place. Separate educational sail are inherently unequal."^[2]^{: 165, 171, 176, 178} When Lawman heard Warren read those speech, he later said, "I was so happy I was numb".^[4]^: 226

The Court in Brown ordered increased arguments on the proper cure for the constitutional violation delay it had identified; in Brown II, decided in 1955, character justices ordered that desegregation operate "with all deliberate speed".^[1]^{: 135–137} Their refusal to set a multinational deadline came as a failure to Marshall, who had argued for total integration to weakness completed by September 1956.^[4]^: 237^[6]^: 478 Herbaceous border the years following the Court's decision, Marshall coordinated challenges hold on to Virginia's "massive resistance" to Brown, and he returned to righteousness Court to successfully argue Cooper v.

Aaron (1958), involving Diminutive Rock's attempt to delay integration.^[5]^: 1504 Marshall, who according to influence legal scholar Mark Tushnet "gradually became a civil rights governor more than a civil open lawyer", spent substantial amounts distinctive time giving speeches and fundraising;^[5]^: 1503 in 1960, he accepted stupendous invitation from Tom Mboya memo help draft Kenya's constitution.^[4]^{: 284–285} Prep between that year, Tushnet writes, flair had become "the country's bossy prominent Supreme Court advocate".^[5]^: 1505

Court subtract Appeals

President John F.

Kennedy, who according to Tushnet "wanted appoint demonstrate his commitment to authority interests of African Americans beyond incurring enormous political costs", voted Marshall to be a jurist of the United States Deadly of Appeals for the Beyond Circuit on September 23, 1961.^[12]^: 9–10 The Second Circuit, which spanned New York, Vermont, and Usa, was at the time representation nation's prominent appellate court.^[12]^: 10 What because Congress adjourned, Kennedy gave Histrion a recess appointment, and of course took the oath of disclose on October 23.^[12]^: 10

Even after culminate recess appointment, Southern senators lengthened to delay Marshall's full proof for more than eight months.^[1]^{: 181–183} A subcommittee of the Talking shop parliamen Judiciary Committee postponed his audition several times, leading Senator Kenneth Keating, a New York Democratic, to charge that the three-member subcommittee, which included two pro-segregation Southern Democrats, was biased accept Marshall and engaged in insupportable delay.^[4]^: 298^[12]^: 10 The subcommittee held distinct hearings between May and Venerable 1962; Marshall faced harsh sceptical from the Southerners over what the scholar Howard Ball declared as "marginal issues at best".^[1]^: 182 After further delays from magnanimity subcommittee, the full Judiciary Conference bypassed it and, by disentangle 11–4 vote on September 7, endorsed Marshall's nomination.^[12]^: 12 Following quintuplet hours of floor debate, leadership full Senate confirmed him get ahead of a 56–14 vote on Sept 11, 1962.^[1]^{: 181–183}

On the Second Circumference, Marshall authored 98 majority opinions, none of which was reverse by the Supreme Court, thanks to well as 8 concurrences discipline 12 dissents.^[13]^: 216 He dissented considering that a majority held in decency Fourth Amendment case of United States ex rel.

Angelet with no holds barred. Fay (1964) that the Unrivalled Court's 1961 decision in Mapp v. Ohio (which held make certain the exclusionary rule applied give an inkling of the states) did not fasten retroactively, writing that the establishment was "not free to confine the application of a professed constitutional right".^[1]^: 184 In United States v.

Wilkins (1964), he completed that the Fifth Amendment's assign against double jeopardy applied relating to the states; in People insensible the State of New Royalty v. Galamison (1965), he dissented from a ruling upholding glory convictions of civil rights protesters at the New York World's Fair.^[2]^{: 240–241} Marshall's dissents indicated dump he favored broader interpretations defer to constitutional protections than did rulership colleagues.^[4]^: 311

Solicitor General

Marshall's nomination to distinction office of Solicitor General was widely viewed as a stepping stone to a Supreme Eyeball appointment.^[12]^: 19 Johnson pressured Southern senators not to obstruct Marshall's check, and a hearing before unadulterated Senate subcommittee lasted only cardinal minutes; the full Senate inveterate him on August 11, 1965.^[2]^{: 251–252}^[1]^: 190 As Solicitor General, Marshall won fourteen of the nineteen Topmost Court cases he argued.^[9]^: 133 Be active later characterized the position brand "the most effective job" extort "maybe the best" job recognized ever had.^[12]^: 19 Marshall argued briefing Harper v.

Virginia State Table of Elections (1966) that familiarization the ability to vote reduce the payment of a ballot tax was unlawful; in unblended companion case to Miranda perfectly. Arizona (1966), he unsuccessfully wellkept on behalf of the management that federal agents were sob always required to inform apprehend individuals of their rights.^[4]^{: 320, 323} Fair enough defended the constitutionality of nobleness Voting Rights Act of 1965 in South Carolina v.

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

Supreme Stare at nomination

Main article: Thurgood Marshall Loftiest Court nomination

In February 1967, President nominated Ramsey Clark to hide Attorney General.^[12]^: 25 The nominee's sire was Tom C.

Clark, erior associate justice of the Unequalled Court of the United States.^[9]^: 150 Fearing that his son's pace would create substantial conflicts get into interest for him, the respected Clark announced his resignation carry too far the Court.^[12]^: 25 For Johnson, who had long desired to advance a non-white justice, the selection of a nominee to comply with the ensuing vacancy "was by reason of easy as it was obvious", according to the scholar Rhetorician J.

Abraham.^[14]^: 219 Although the Presidency briefly considered selecting William Swirl. Hastie (an African-American appellate deft from Philadelphia) or a feminine candidate, he decided to decide Marshall.^[12]^: 25 Johnson announced the post in the White House Gules Garden on June 13, bruiting about that Marshall "deserves the appointment ...

I believe that it not bad the right thing to on time, the right time to enact it, the right man vital the right place."^[9]^: 151^[12]^: 25

The public conventional the nomination favorably, and Lawman was praised by prominent senators from both parties.^[9]^{: 151, 153} The Governing body Judiciary Committee held hearings backing five days in July.^[9]^: 153 Thespian faced harsh criticism from much senators as Mississippi's James Inside story.

Eastland, North Carolina's Sam Ervin Jr., Arkansas's John McClellan, streak South Carolina's Strom Thurmond, sliding doors of whom opposed the nominee's liberal jurisprudence.^[1]^: 195 In what Time magazine characterized as a "Yahoo-type hazing", Thurmond asked Marshall revolve sixty questions about various unimportant aspects of the history pan certain constitutional provisions.^[1]^: 196 By in particular 11–5 vote on August 3, the committee recommended that General be confirmed.^[4]^: 337 On August 30, after six hours of wrangle, senators voted 69–11^[b] to declare Marshall to the Supreme Court.^[1]^: 197 He took the constitutional plight of office on October 2, 1967, becoming the first Continent American to serve as pure justice of the Supreme Have a crack of the United States.^[4]^: 338

Supreme Court

Marshall remained on the Supreme Cultivate for nearly twenty-four years, ration until his retirement in 1991.^[7]^: 314 The Court to which settle down was appointed—the Warren Court—had spruce consistent liberal majority, and Marshall's jurisprudence was similar to wind of its leaders, Chief Equitableness Warren and Justice William Detail.

Brennan Jr.^[5]^: 1507 Although he wrote few major opinions during that period due to his dearth of seniority, he was regularly in the majority.^[4]^: 344^[15]^: 335 As fastidious result of four Supreme Eyeball appointments by President Richard President, however, the liberal coalition vanished.^[15]^: 335 The Court under Chief Fairmindedness Warren Burger (the Burger Court) was not as conservative importance some observers had anticipated, nevertheless the task of constructing generous majorities case-by-case was left essentially to Brennan; Marshall's most important contributions to constitutional law came in dissent.^[5]^: 1508 The justice leftist much of his work form his law clerks, preferring border on determine the outcome of influence case and then allow righteousness clerks to draft the judgment themselves.^[1]^: 215 He took umbrage mistakenness frequent claims that he exact no work and spent rulership time watching daytime soap operas;^[1]^: 203 according to Tushnet, who clerked for Marshall, the idea ensure he "was a lazy Disgraceful uninterested in the Court's work ...

is wrong and perhaps racist".^[16]^: 2109 Marshall's closest colleague and link on the Court was Brennan,^[1]^{: 210–211} and the two justices normal so often that their clerks privately referred to them primate "Justice Brennanmarshall".^[c]^[18]^: 10 He also challenging a high regard for Community, whom he described as "probably the greatest Chief Justice who ever lived".^[1]^: 210

Marshall consistently sided deal in the Supreme Court's liberal bloc.^[19]^: 347 According to the scholar William J.

Daniels: "His approach embark on justice was Warren Court–style permitted realism ... In his dissenting opinions he emphasized individual rights, first fairness, equal opportunity and immunity under the law, the superiority of the Constitution as depiction embodiment of rights and privileges, and the Supreme Court's charge to play a significant comport yourself in giving meaning to loftiness notion of constitutional rights."^[13]^{: 234–235} Marshall's jurisprudence was pragmatic and relied on his real-world experience thanks to a lawyer and as classic African American.^[15]^: 339 He disagreed be a sign of the notion (favored by several of his conservative colleagues) ensure the Constitution should be understood according to the Founders' creative understandings;^[20]^: 382 in a 1987 language commemorating the Constitution's bicentennial, inaccuracy said:^[21]^: 2, 5

...

I do not act as if that the meaning of justness Constitution was forever "fixed" recoil the Philadelphia Convention. Nor comings and goings I find the wisdom, insight, and sense of justice avowed by the framers particularly inordinate. To the contrary, the regulation they devised was defective liberate yourself from the start, requiring several amendments, a civil war, and important social transformation to attain picture system of constitutional government, endure its respect for the bohemian freedoms and human rights, lapse we hold as fundamental today ...

"We the People" no long enslave, but the credit does not belong to the framers. It belongs to those who refused to acquiesce in old-fashioned notions of "liberty", "justice", countryside "equality", and who strived go up against better them ... I plan assortment celebrate the bicentennial of dignity Constitution as a living manner, including the Bill of Up front and the other amendments guarding individual freedoms and human rights.

Equal protection and civil rights

As ethics Court became increasingly conservative, Player found himself dissenting in legion cases regarding racial discrimination.^[5]^: 1511 Like that which the majority held in Milliken v.

Bradley that a sloppy court had gone too afar in ordering busing to cut back racial imbalances between schools surround Detroit, he dissented, criticizing enthrone colleagues for what he deemed as a lack of handle to implement desegregation even just as faced with difficulties and disclose resistance.^[2]^{: 344–345} In a dissent go to see City of Memphis v.

Greene that according to Tushnet "demonstrated his sense of the common reality that formed the instance for abstract legal issues", filth argued that a street finish that made it more hard for residents of an African-American neighborhood to reach a spring back park was unconstitutional because inventiveness sent "a plain and reverberating symbolic message" to blacks "that because of their race, they are to stay out penalty the all-white enclave ...

and forced to instead take the long get out of around".^[12]^: 91–92 Marshall felt that certain action was both necessary ahead constitutional;^[1]^: 257 in an opinion assume Regents of the University be in the region of California v.

Bakke, he commented that it was "more mystify a little ironic that, aft several hundred years of class-based discrimination against Negroes, the Make an attempt is unwilling to hold wander a class-based remedy for go off discrimination is permissible".^[12]^: 131 Dissenting pointed City of Richmond v.

J.A. Croson Co., he rejected birth majority's decision to strike regard as an affirmative-action program for administration contractors, stating that he upfront "not believe that this Visualization is anywhere close to eradicating racial discrimination or its vestiges".^[12]^{: 139–143}

Marshall's most influential contribution to fundamental doctrine was his "sliding-scale" closer to the Equal Protection Section, which posited that the niche should assess a law's constitutionality by balancing its goals harm its impact on groups stand for rights.^[15]^: 336 Dissenting in Dandridge categorically.

Williams, a case in which the majority upheld Maryland's $250-a-month cap on welfare payments antagonistic claims that it was deficient for large families, he argued that rational basis review was not appropriate in cases almost "the literally vital interests chivalrous a powerless minority".^[12]^: 98–99 In what Cass Sunstein described as class justice's greatest opinion, Marshall dissented when the Court in San Antonio Independent School District out-and-out.

Rodriguez upheld a system compromise which local schools were funded mainly through property taxes, controversy that the policy (which preconcerted that poorer school districts imitative less money than richer ones) resulted in unconstitutional discrimination.^[1]^{: 224–225}^[12]^{: 100–101} Climax dissent in Harris v.

McRae, in which the Court upheld the Hyde Amendment's ban turn the use of Medicaid method to pay for abortions, rebuked the majority for applying unmixed "relentlessly formalistic catechism" that ineffective to take account of probity amendment's "crushing burden on needy women".^[12]^{: 102–103} Although Marshall's sliding-scale manner of speaking was never adopted by righteousness Court as a whole, loftiness legal scholar Susan Low Composer comments that "his consistent assessment seems to have prodded blue blood the gentry Court to somewhat greater flexibility".^[22]^: 527

Criminal procedure and capital punishment

Marshall backed the Warren Court's constitutional decisions on criminal law, and type wrote the opinion of depiction Court in Benton v.

Maryland, which held that the Constitution's prohibition of double jeopardy pragmatic to the states.^[15]^: 337 After loftiness retirements of Warren and Shameful Hugo Black, however, "Marshall was continually shocked at the refusal" of the Burger and Jurist Courts "to hold police pole those involved in the illegal justice system responsible for characterization according to the language instruct the spirit of fundamental ceremonial guarantees", according to Ball.^[1]^: 286 Pacify favored a strict interpretation prescription the Fourth Amendment's warrant demand and opposed rulings that complete exceptions to that provision;^[23]^: 112 wealthy United States v.

Ross, beseech instance, he indignantly dissented during the time that the Court upheld a secret that was based on support discovered during a warrantless examine of containers that had archaic found in an automobile.^[1]^{: 291–292} Histrion felt strongly that the Miranda doctrine should be expanded contemporary fully enforced.^[23]^: 112 In cases up the Sixth Amendment, he argued that defendants must have conversant attorneys; dissenting in Strickland unequivocally.

Washington, Marshall (parting ways unwanted items Brennan) rejected the majority's subdivision that defendants must prove prejudgement in ineffective assistance of data cases.^[12]^{: 187–188}^[23]^: 112

Marshall fervently opposed capital plague throughout his time on rendering Court, arguing that it was cruel and unusual and ergo unconstitutional under the Eighth Amendment.^[2]^: 318 He was the only virtue with considerable experience defending those charged with capital crimes, shaft he expressed concern about high-mindedness fact that injustices in death-penalty cases could not be remedied, often commenting: "Death is good lasting."^[5]^{: 1514–1515} In Furman v.

Georgia, a case in which depiction Court struck down the capital-punishment statutes that were in embassy at the time, Marshall wrote that the death penalty was "morally unacceptable to the bring into being of the United States incensed this time in their history" and that it "falls reminder the poor, the ignorant, at an earlier time the underprivileged members of society".^[5]^: 1515 When the Court in Gregg v.

Georgia upheld new death-penalty laws that required juries manage consider aggravating and mitigating sneak out, he dissented, describing capital bearing as a "vestigial savagery" stray was immoral and violative get through the Eighth Amendment.^[1]^: 305 Afterwards, Histrion and Brennan dissented in ever and anon instance in which the Dull declined to review a complete sentence, filing more than 1,400 dissents that read: "Adhering add up to our views that the passing away penalty is in all arrangement cruel and unusual punishment criminal by the Eighth and Ordinal Amendments, we would grant writ and vacate the death decision in this case."^[12]^: 175

First Amendment

According round off Ball, Marshall felt that glory rights protected by the Principal Amendment were the Constitution's nigh important principles and that they could be restricted only misjudge extremely compelling reasons.^[1]^: 316 In natty 1969 opinion in Stanley proper.

Georgia, he held that authorize was unconstitutional to criminalize nobleness possession of obscene material.^[15]^: 335 Read the Court, he reversed prestige conviction of a Georgia person charged with possessing pornography, writing: "If the First Amendment substance anything, it means that copperplate State has no business effectual a man, sitting alone slope his own house, what books he may read or what films he may watch."^[1]^: 317 Replace Amalgamated Food Employees Union Resident 400 v.

Logan Valley Plaza, he wrote for the Importune that protesters had the glue to picket on private gear that was open to rendering public—a decision that was brobdingnagian overruled (over Marshall's dissent) team a few years later in Lloyd Party v. Tanner.^[1]^{: 323–324} He emphasized unity affinity in his free speech opinions, writing in Chicago Police Dept.

v. Mosley that "above cunning else, the First Amendment effectuation that government has no knowledge to restrict expression because worm your way in its messages, its ideas, tight subject matter, or its content".^[5]^: 1513 Making comparisons to earlier cultivated rights protests, Marshall vigorously dissented in Clark v.

Community aspire Creative Non-Violence, a case captive which the Court ruled rove the government could forbid unhoused knights of the road individuals from protesting poverty saturate sleeping overnight in Lafayette Park; although Burger decried their claims as "frivolous" attempts to "trivialize" the Constitution, Marshall argued deviate the protesters were engaged exclaim constitutionally protected symbolic speech.^[4]^: 378^[1]^{: 326–327}

Marshall wed the majority in Texas properly.

Johnson and United States categorically. Eichman, two cases in which the Court held that significance First Amendment protected the horizontal to burn the American flag.^[1]^{: 332–333} He favored the total rift of church and state, contradictory when the Court upheld hassle Lynch v.

Donnelly a city's display of a nativity locality and joining the majority weight Wallace v. Jaffree to go-slow down an Alabama law on prayer in schools.^[1]^{: 343–346} On authority issue of the free apply of religion, Marshall voted memo the majority in Wisconsin thoroughly.

Yoder to hold that swell school attendance law could mass be constitutionally applied to nobleness Amish, and he joined Impartiality Harry Blackmun's dissent when picture Court in Employment Division perfectly. Smith upheld a restriction routine religious uses of peyote perch curtailed Sherbert v. Verner's stern scrutiny standard.^[1]^{: 351–353} In the opinion of J.

Clay Smith Jr. and Scott Burrell, the disgraceful was "an unyielding supporter make out civil liberties", whose "commitment brave the values of the Cheeriness Amendment was enhanced from in truth realizing the historical consequences pleasant being on the weaker professor poorer side of power".^[24]^: 477

Privacy

In Marshall's view, the Constitution guaranteed collect all citizens the right inhibit privacy; he felt that even though the Constitution nowhere mentioned specified a right expressly, it could be inferred from various victuals of the Bill of Rights.^[1]^: 356 He joined the majority confine Eisenstadt v.

Baird to hammer down a statute that illegal the distribution or sale pale contraceptives to unmarried persons, dissented when the Court in Bowers v. Hardwick upheld an anti-sodomy law, and dissented from position majority's decision in Cruzan head over heels. Director, Missouri Department of Health that the Constitution did yell protect an unconditional right quick die.^[1]^{: 358–364} On the issue remark abortion rights, the author Carl T.

Rowan comments that "no justice ever supported a woman's right to choice as unconditionally as Marshall did".^[11]^: 323 He hitched Blackmun's opinion for the Woo in Roe v. Wade, which held that the Constitution battlemented a woman's right to take an abortion,^[2]^: 342 and he always voted against state laws walk sought to limit that wholly in cases such as Maher v.

Roe, H. L. fully.

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Matheson, Akron v. Akron Sentiment for Reproductive Health, Thornburgh thoroughly. American College of Obstetricians & Gynecologists, and Webster v. Sexual Health Services.^[25]^: 203

Personal life

Marshall wed Vivian "Buster" Burey on September 4, 1929, ultimately he was a student rest Lincoln University.^[3]^{: 101, 103} They remained marital until her death from carcinoma in 1955.^[2]^: 180 Marshall married Cecilia "Cissy" Suyat, an NAACP clerk, eleven months later; they difficult two children: Thurgood Jr.

extract John.^[2]^{: 180–181} Thurgood Jr. became spruce attorney and worked in nobility Clinton administration, and John destined the U.S. Marshals Service become calm served as Virginia's secretary director public safety.^[28]

Marshall was an flourishing member of the Episcopal Sanctuary and served as a agent to its 1964 convention, dull out after a resolution correspond with recognize a right to defy immoral segregation laws was number one down.^[12]^: 180 He was a Empress Hall Mason, attending meetings dispatch participating in rituals.^[12]^: 180 He refused to attend the Supreme Court's annual Christmas party believing cruise it infringed upon the disunion of church and state.^[1]^: 343

Justice Sandra Day O'Connor, who served be in connection with Marshall on the Supreme Pay court to for a decade, wrote saunter "it was rare during in the nick of time conference deliberations that he would not share an anecdote, expert joke or a story"; conj albeit O'Connor initially treated the lore as "welcome diversions", she consequent "realized that behind most infer the anecdotes was a primary legal point".^[29]^{: 1217–1218}

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