
MARSHALL, THURGOOD. Photograph. 1976.
Location: Biographical File
Reproduction Number: LC-USZ62-60139
Library of Congress
Thurgood Marshall
July 2, 1908 - Jan. 24, 1993
United States Supreme Court Justice Thurgood Marshall built a distinguished career fighting for the cause of civil rights and equal opportunity. Ebony dubbed Marshall "the most important Black man of this century — a man who rose higher than any Black person before him and who has had more effect on Black lives than any other person, Black or White." The first African-American to serve on the Supreme Court, Marshall stood alone as the Supreme Court's liberal conscience toward the end of his career, the last impassioned spokesman for a left-wing view on such causes as affirmative action, abolishment of the death penalty, and due process. His retirement in 1991 left the Court in the hands of more conservative justices.
Duke University professor John Hope Franklin told Ebony: "If you study the history of Marshall's career, the history of his rulings on the Supreme Court, even his dissents, you will understand that when he speaks, he is not speaking just for Black Americans but for Americans of all times. He reminds us constantly of the great promise this country has made of equality, and he reminds us that it has not been fulfilled. Through his life he has been a great watchdog, insisting that this nation live up to the Constitution."
The limelight found Marshall in 1954, when he led the legal team that challenged public school segregation in the courts. The case advanced to the U.S. Supreme Court and resulted in a landmark ruling that ended a half-century of segregated schooling. Remembering those days when he worked on Brown vs. Board of Education, Marshall told Ebony that the Court's decision "probably did more than anything else to awaken the Negro from his apathy to demanding his right to equality." At the time, however, Marshall was an opponent of civil disobedience for blacks in the South, feeling that organized opposition might lead to white violence — as indeed it did.
Marshall's first wife died after a long illness in 1955. A year later, he married Cecilia Suyat, a secretary at the NAACP's New York office. The Brown vs. Board of Education ruling had made Marshall a national figure — he was known for some time as "Mr. Civil Rights" — and when Democrats took control of the White House, the ambitious attorney let it be known that he wanted a judgeship.
Eventually, after much opposition from Southern senators and even from Robert Kennedy, Marshall was named to the 2nd U.S. Circuit Court of Appeals in 1961. As the civil rights movement gained ground in the 1960s, so did Marshall. In 1965 he was given the post of United States solicitor general, a position in which he represented the government before the Supreme Court. His most important case during these years was the one leading to the adoption of the Miranda rule, which requires policemen to inform suspects of their rights.
Against stiff opposition even in his own (Democratic) party, President Lyndon Johnson nominated Marshall to the Supreme Court in 1967. Marshall's nomination was opposed most violently by four Southern senators on the Judiciary Committee, but nevertheless he was confirmed by a vote of 69 to 11. He was sworn in and took his seat on October 2, 1967, and he stayed until his failing health forced him to retire in 1991. Williams wrote: "Throughout his time on the court, Marshall has remained a strong advocate of individual rights.... He has remained a conscience on the bench, never wavering in his devotion to ending discrimination."
It came as no surprise therefore that judge Marshall was a vocal critic of both Republican presidents Ronald Reagan and George Bush. Few justices have been known to speak out on political matters, and for years Marshall himself refused to grant interviews. Near the end of his service to the Court, however, Marshall did speak out when he was stung by court reversals on minority set-aside programs and affirmative action. In 1987 Marshall dismissed Reagan as "the bottom" in terms of his commitment to black Americans. He later told Ebony: "I wouldn't do the job of dogcatcher for Ronald Reagan." Marshall later heaped equal vitriol on the Bush administration after the president vetoed an important civil rights bill. The justice told Newsweek that the actions of Bush and Reagan reflect a return to the days "when we [blacks] really didn't have a chance."
During the more than a decade that Republicans controlled the White House, one by one, retiring judges were replaced with more conservative successors. For many years Marshall and Brennan teamed as the high court's true liberals, and Marshall was gravely disappointed when his colleague was forced to retire. Marshall remained the lone outspoken liberal on the nine-member court, suffering through heart attacks, pneumonia, blood clots, and glaucoma. Marshall steadfastly refused to consider stepping down before absolutely necessary because, as he told Ebony, "I have a lifetime appointment and I intend to serve it. I expect to die at 110, shot by a jealous husband." One of Marshall's law clerks told People magazine that Marshall felt compelled to remain on the court, perhaps at the expense of his health, because he saw himself as the champion of the underdog. "He's the conscience of the Court," the clerk said. Despite his predictions, Marshall's failing health finally impeded his ability to perform his duties. He retired in 1991 and died of heart failure on January 24, 1993.
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