October 2, 1967: Thurgood Marshall’s Supreme Court Legacy Begins

On October 2, 1967, Thurgood Marshall made history by becoming the first African American Associate Justice of the United States Supreme Court. His appointment by President Lyndon B. Johnson was a significant milestone in the nation’s ongoing struggle for racial equality. Marshall’s long career as a civil rights attorney, combined with his profound influence on American constitutional law, made him one of the most important figures in the country’s legal and civil rights history.

Why Was Thurgood Marshall a Pivotal Figure?

Thurgood Marshall’s journey to the Supreme Court was marked by his dedication to fighting for civil rights and equality. Born in 1908 in Baltimore, Maryland, during an era of deep racial segregation, Marshall overcame significant obstacles to pursue a career in law. After earning his degree from Howard University School of Law, where he was mentored by civil rights lawyer Charles Hamilton Houston, Marshall embarked on a path that would forever change the legal landscape of the United States.

Marshall rose to prominence as a lawyer for the NAACP (National Association for the Advancement of Colored People), where he argued many cases that challenged racial discrimination. His most famous victory came in 1954 with Brown v. Board of Education, a Supreme Court case that struck down the “separate but equal” doctrine and made school segregation unconstitutional. This landmark decision reshaped American society and became a cornerstone of the civil rights movement. Marshall’s skill, persistence, and ability to frame legal arguments that captured the moral urgency of the civil rights struggle are what made him an exceptional leader and advocate for justice.

When and Why Was Marshall Chosen for the Supreme Court?

Thurgood Marshall’s selection for the Supreme Court was a natural progression of his impressive legal career and deep commitment to civil rights. In 1967, President Lyndon B. Johnson understood the importance of appointing Marshall as the first African American justice. Johnson believed that Marshall’s experiences and perspectives would be invaluable to the Court, saying it was “the right thing to do, the right time to do it, and the right man and the right place.”

Marshall’s work before his appointment had already left a significant mark on the legal system. As a federal judge on the Second Circuit Court of Appeals and later as the first African American Solicitor General, he continued to fight for justice and equality under the law. His reputation for fairness, combined with his groundbreaking work on civil rights, made him an ideal choice to join the nation’s highest court.

What Did Thurgood Marshall Accomplish on the Supreme Court?

Thurgood Marshall served on the Supreme Court for 24 years, from 1967 to 1991. During this time, he was a consistent advocate for protecting individual rights, especially in cases related to civil rights, criminal justice, and the rights of the poor. His opinions reflected his belief that the law should serve all people, particularly those who were vulnerable or marginalized.

Marshall was known for his strong opposition to the death penalty and for his defense of the rights of criminal defendants. He also championed affirmative action as a means of addressing the long history of racial discrimination in the United States.  During his tenure, Marshall remained a powerful voice for equality and justice.

His legal philosophy was rooted in the idea that the Constitution is a living document, one that must adapt to the changing needs of society.  When he found himself in the minority,  his dissents were passionate and influential.  Marshall once wrote, “I plan to celebrate the bicentennial of the Constitution as a living document, including the Bill of Rights and the other amendments protecting individual freedoms and human rights.” He continued, “Along the way, new constitutional principles have emerged to meet the challenges of a changing society.

The Lasting Legacy of Thurgood Marshall

Thurgood Marshall’s impact extended far beyond his years on the Supreme Court. His legacy as a civil rights attorney, particularly his victory in Brown v. Board of Education, helped break down the walls of institutionalized racism in America. This case, along with many others, he argued, laid the foundation for the civil rights movement and changed the trajectory of American society.

As a justice, Marshall’s legacy is defined by his unwavering commitment to equality and his belief that the law should protect the most vulnerable members of society. His opinions and dissents continue to inspire lawyers, judges, and activists who seek to uphold the ideals of justice and fairness. Thurgood Marshall’s life and work remain a powerful reminder of the importance of fighting for justice, regardless of the odds.

In her 1992 article in the Stanford Law Review, “Thurgood Marshall: The Influence of a Raconteur,” Justice O’Connor wrote, “as colleague and friend,” Justice Marshall would, “profoundly influence me.” “His was the eye of a lawyer who saw the deepest wounds in the social fabric and used the law to help heal them.” 

In summary, Thurgood Marshall’s Supreme Court oath on October 2, 1967, was a watershed moment in U.S. history. His appointment not only symbolized a step forward in the battle for racial equality but also marked the continuation of his lifelong commitment to justice. Marshall’s contributions, both as a lawyer and a Supreme Court justice, continue to shape the legal and moral landscape of the nation. His legacy stands as a testament to the enduring power of the fight for civil rights.

References

Bernie D. Jones, Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961–1991, American Journal of Legal History, Volume 44, Issue 3, July 2000, Pages 309–311, https://doi.org/10.2307/3113864

Gibson, Larry S., 1942-, Young Thurgood: The Making of a Supreme Court Justice. Amherst, N.Y., Prometheus Books, 2012.

Haygood, Wil, Showdown: Thurgood Marshall and the Supreme Court Nomination That Changed America. New York, Alfred A. Knopf, 2015.

James, Rawn, Root and Branch: Charles Hamilton Houston, Thurgood Marshall, and the Struggle to End Segregation. New York, Bloomsbury Press, 2010.

O’Connor, Sandra Day. “Thurgood Marshall: The Influence of a Raconteur.” Journal of Supreme Court History 17, no. 1 (1992): 9-13. https://dx.doi.org/10.1353/sch.1992.0001.

Williams, Juan, Thurgood Marshall: American Revolutionary. New York, Times Books, 1998.