Thurgood Marshall was born in Baltimore, Maryland in 1908. His name at birth was Thoroughgood Marshall after his paternal grandfather. The first African American appointed to The Supreme Court came from humble beginnings. His mother was a Kindergarten teacher and his father was an amateur writer and worked as a waiter and then as a steward at a fancy club. A steward is someone who manages the day to day operations. His love of the law most likely stemmed from his experiences as a young boy. On his days off, his father would take him to the local courthouse and they would watch the proceedings. They would discuss and debate legal issues and his father would challenge him on the positions he would take. Thurgood Marshall once said his father never told him to become a lawyer but turned him into one. He credited his father with teaching him how to argue and made him prove every statement he ever made. Born in 1908 he witnessed segregation first hand as much as his parents tried to shield him from the ugliness of racism. He attended a segregated all black elementary school but attended what was considered a first rate high school. Thurgood Marshall would be sent out of class to read the constitution when he misbehaved. For college, he attended Lincoln University in Oxford Pennsylvania which was known as the Black Princeton as well as being the oldest University for African Americans in The United States. His graduating class also counted Langston Hughes among its members.
Thurgood Marshall wanted to attend law school. His first choice was The University of Maryland Law School. That school was an all-white university and Thurgood Marshall wasn’t accepted. Instead, he attended Howard University School of Law. While there, his mentor was none other than Charles Hamilton Houston. He is credited as the man who dismantled Jim Crow. In addition to being the Dean of The Law School, he was also a lawyer for the NAACP. He played a role in almost every Civil Rights related court case the Supreme Court heard between 1930 and 1954 including the landmark case Brown vs. The Board of Education of Topeka, Kansas et al. His mindset around separate but equal was - if you’re going to mandate separate and say it’s equal - I’m going to make it so expensive for you to maintain separate but equal that there will be no choice but to abandon segregation.
After Thurgood Marshall passed the bar, he opened up his own practice. There were times when people came to him for help who were unable to pay and Thurgood Marshall never turned any of them away. As his reputation for being a skilled lawyer grew, his clients became more significant and the cases more news worthy. After at first volunteering for the NAACP he was brought on as an assistant to his former mentor Charles Hamilton Houston. One of the cases he argued was against The University of Maryland Law School in 1935. The case involved a black applicant who was denied admission on the basis of race. Thurgood Marshall won his case and The University was forced to admit black students to the law school. The man who himself was denied admission to that school on account of his race was responsible for ending the policies which banned him from his first choice school. He handled a number of Civil Rights cases and argued before The US Supreme Court a total of 32 times and won 29 of those cases. He would become known as the face of the NAACP. Not only arguing cases that would help to dismantle segregation, he also traveled to various locations around the south to investigate lynchings.
In 1961, President Kennedy made him a judge by appointing him to the U.S. Court of appeals. His wasn’t an easy appointment. Segregationists within Congress worked to block Marshall’s appointment. A number of southern senators from states like Mississippi, Arkansas and South Carolina intentionally delayed the hearing to vote on his appointment. Thurgood Marshall wasn’t the first African American male appointed a federal judge. The Hon. William Hastie has that designation. He was appointed by President Franklin D. Roosevelt. Undeterred, President Kennedy waited for a Congressional recess and moved ahead with Marshall’s appointment as a judge. He worked as a judge for months before being formally approved by the full Judiciary Committee. As a judge on the second circuit, he authored 98 majority opinions and 12 dissents. None of his rulings were overturned by The Supreme Court.
In 1965, President Lyndon Johnson appointed him solicitor general to the Supreme Court. It is considered to be the third highest position in the Justice Department and a stepping stone to The Supreme Court. President Lyndon Johnson understood how the Senate worked and put pressure on southern senators to approve him. There had been discussion and even political pressure from different activist organizations and some factions within the Democratic party to nominate an African American to the supreme court years before President Lyndon Johnson nominated Thurgood Marshall. When we get to Lyndon Johnson’s Presidency we will talk about his Civil Rights record and his domestic agenda, The Great Society as well as his personal admiration for Thurgood Marshall.
Thurgood Marshall's path to becoming a Supreme Court Justice was rooted in his unparalleled commitment to justice and equality. By the time President Lyndon B. Johnson nominated him in 1967, Marshall had already established himself as a legal powerhouse, having argued and won multiple pivotal civil rights cases before the Supreme Court. President Johnson stated Marshall was the right man at the right time.
Marshall’s nomination came at a time of intense social and political change in the United States. The Civil Rights Movement had brought issues of racial inequality to the forefront of national consciousness, and his selection as the first African American nominee to the highest court carried immense symbolic and practical significance. Marshall faced rigorous questioning during his Senate confirmation hearings, much of which was tied to his past work as a civil rights lawyer and his interpretations of the Constitution. Some lawmakers challenged his qualifications and accused him of holding views that could disrupt traditional legal norms. Nevertheless, his unwavering confidence and comprehensive understanding of the law stood out during these proceedings.
In 1967, you couldn’t deny the role of the media and television in American politics. Thurgood Marshall’s Senate confirmation hearing was no exception. The media's portrayal of Thurgood Marshall's confirmation hearings in 1967 reflected the divided sentiments of the time. Coverage ranged from celebratory to critical, often mirroring the broader societal debates over race, justice, and progress.
Television broadcasts brought the hearings into homes across the country, giving the public a chance to witness the historic moment as well as the tension surrounding it. Commentary in print media often highlighted Marshall’s calm demeanor and commanding legal knowledge. Editorials varied widely—some heralded his nomination as a major step forward for racial equality, while others expressed unease over his potential influence on the Court.
As a Justice, Marshall played a central role in cases addressing criminal justice, workers’ rights, and affirmative action. He brought his deep understanding of constitutional law to cases.
Furman v. Georgia (1972) – Death Penalty Reform
Background:
Furman v. Georgia challenged the constitutionality of the death penalty, particularly its arbitrary and discriminatory application. At the time, statistics showed that minorities and poor defendants were disproportionately sentenced to death.
Marshall’s Role and Opinion:
Marshall argued that the death penalty, as applied, violated the Eighth Amendment prohibition on cruel and unusual punishment. He wrote:
“The death penalty cannot be imposed in a capricious or discriminatory manner.”
Significance:
The ruling effectively halted executions across the United States for several years and prompted states to revise their death penalty statutes to ensure fairness. It highlighted systemic racial bias in criminal sentencing and cemented Marshall’s reputation as a defender of the marginalized.
Regents of the University of California v. Bakke (1978) – Affirmative Action
Background:
Allan Bakke, a white applicant, sued the University of California, Davis Medical School after being denied admission, claiming that affirmative action programs discriminated against him. The case questioned whether race could be considered in college admissions to promote diversity.
Marshall’s Role and Opinion:
Marshall supported affirmative action, emphasizing that the government has a responsibility to remedy the effects of past discrimination. He wrote:
“The government has a compelling interest in remedying the effects of past discrimination.”
Significance:
While the Court ruled in a complicated split decision, Marshall’s opinion reinforced the importance of diversity in education and upheld the principle that affirmative action is a legitimate tool to correct historical inequalities. This case has remained foundational in debates over race-conscious policies in higher education.
Griffin v. Illinois (1956) – Access to Justice
Background:
Griffin v. Illinois dealt with defendants who could not afford trial transcripts and were therefore denied the ability to appeal their convictions. This raised questions about whether the legal system was equally accessible to all citizens, regardless of wealth.
Marshall’s Role and Opinion:
Marshall championed the idea that justice must not depend on financial resources. He argued:
“Justice must be blind not only to wealth but also to race.”
Significance:
This decision reinforced the principle that economic status cannot limit access to the courts, an early example of Marshall’s lifelong commitment to ensuring equal protection under the law.
Thurgood Marshall’s dissents on the Supreme Court demonstrated his steadfast dedication to protecting the rights of the marginalized and ensuring justice for all. He often found himself at odds with the majority when the Court issued rulings he believed undermined civil rights or failed to uphold the Constitution’s promise of equality. These dissents were carefully constructed, serving as legal arguments that challenged decisions he saw as unjust and leaving a lasting impression on constitutional law.
US Supreme Court Justices are appointed for life or until they choose to retire. Thurgood Marshall stepped down from the Supreme Court in 1991 after serving for over two decades, citing his declining health. When President George H.W. Bush nominated Clarence Thomas as his replacement, the choice sparked widespread debate. Marshall, known for his unwavering commitment to civil rights, did not shy away from expressing his apprehension about Thomas’s judicial philosophy. President George H.W. Bush, being a Republican President, nominated a Conservative Justice.
Thurgood Marshall died on January 24, 1993. News of his death was felt deeply across the nation, drawing heartfelt tributes from leaders, colleagues, and citizens alike. His death marked the loss of a pivotal figure in American history whose career had fundamentally altered the fight for civil rights and justice.
He was remembered not only for his brilliance as a legal mind but also for his humanity, humor, and ability to connect with people from all walks of life. Supreme Court Justices, both current and former, reflected on his influence and the void his absence created on the Court. Thurgood Marshall returned to the Supreme Court building one last time. His casket lied in state on the same catafalque or platform that was built for and used at President Abraham Lincoln’s state funeral. Only Congress has the right to approve such an honor and they have for many other important political figures since 1865. The catafalque is typically on display at the US Capitol building visitors center. It is estimated that 19,000 people came to pay their respects to the man who dedicated his life to ensure that liberty and justice for all meant just that. Public mourning extended beyond formal statements, with ordinary Americans gathering at memorials to honor the man who had fought so fearlessly for their rights.
Thurgood Marshall is buried at Arlington National Cemetery, an honor reserved for those who have rendered distinguished service to the nation. Today, there are 13 US Supreme Court justices buried there. His burial among the many graves of soldiers, statesmen, and public servants, stands as a reminder that battles aren’t just fought on a battlefield. They are also fought in courtrooms and communities. What greater legacy is there than for people to say their lives were made better because you lived?
