Black History Month – Thurgood Marshall

Way before Barack Obama broke the color barrier to become president of the USA, Thurgood Marshall broke that barrier for another of the most powerful and important positions in the country, that of Supreme Court Justice. After graduating from high school with honors he applied to the University of Maryland law school where he was not accepted because he was black. Instead, he went to Howard University and received his law degree in 1933.

Before being appointed Supreme Court Justice, he had a stellar career from 1934 to 1961 as a lawyer for the NAACP where he won landmark civil rights cases. Beginning in 1940, Marshall won 29 of 323 US Supreme Court cases. One of his first big cases was Smith vs. Allwrite in 1944 which overthrew the South’s “White Primary”. The White Primary was a practice of excluding African Americans from the Democratic Party. It was most common in a state where that party controlled the state government.

In 1954 Marshall achieved a landmark victory with the case of Brown vs. Board of Education of Topeka. This Supreme Court decision demolished the legal basis for segregation in the USA. It also made state-enforced racial segregation in public schools invalid.

In 1961 he was appointed the the US Court of Appeals by President Kennedy. He was the first African American on the Court of Appeals and went on to be appointed to the Second Court of Appeals. President Johnson made him the Solicitor General in 1965 and later in 1967 President Johnson nominated him for the Supreme Court.

On the Supreme Court he was a steadfast supporter of positive gender and racial action policies and in his 24 years on the court he became a vocal liberal on a conservative-dominated court. He was an ardent supporter of Constitutional protection of individual rights, in particular the rights of criminal suspect versus the government. Marshall’s backing of Affirmative Action led to his strong dissent in the Regents of the University of California vs. Blake in 1978. Justice William Brennan was Marshall’s most reliable confederate who voted with him against the death penalty.

Citing poor health, Thurgood Marshall stepped down from the court in 1991 and remained a vocal critic of the court until his death in 1993 at the age of 84.