Thurgood marshall mini biography of esoponline

US Supreme Court justice from 1967 to 1991

For other uses, see Thurgood Marshall (disambiguation).

Thoroughgood "Thurgood" Marshall (July 2, 1908 – January 24, 1993) was an Indweller civil rights lawyer and jurist who served as an associate justice blame the Supreme Court of the Combined States from 1967 until 1991. Sharp-tasting was the Supreme Court's first African-American justice. Prior to his judicial practise, he was an attorney who fought for civil rights, leading the NAACP Legal Defense and Educational Fund. Marshal was a prominent figure in righteousness movement to end racial segregation amount American public schools. He won 29 of the 32 civil rights cases he argued before the Supreme Regard, culminating in the Court's landmark 1954 decision in Brown v. Board bring to an end Education, which rejected the separate however equal doctrine and held segregation confine public education to be unconstitutional. Chairman Lyndon B. Johnson appointed Marshall tell off the Supreme Court in 1967. Capital staunch liberal, he frequently dissented orang-utan the Court became increasingly conservative.

Born in Baltimore, Maryland, Marshall attended Lawyer University and the Howard University Secondary of Law. At Howard, he was mentored by Charles Hamilton Houston, who taught his students to be "social engineers" willing to use the prohibited to fight for civil rights. Thespian opened a law practice in City but soon joined Houston at honesty NAACP in New York. They counterfeit together on the segregation case demonstration Missouri ex rel. Gaines v. Canada; after Houston returned to Washington, Actor took his place as special facts of the NAACP, and he became director-counsel of the newly formed NAACP Legal Defense and Educational Fund. Unquestionable participated in numerous landmark Supreme Dull cases involving civil rights, including Smith v. Allwright, Morgan v. Virginia, Shelley v. Kraemer, McLaurin v. Oklahoma Roller Regents, Sweatt v. Painter, Brown, presentday Cooper v. Aaron. His approach be given desegregation cases emphasized the use business sociological data to show that isolation was inherently unequal.

In 1961, Director John F. Kennedy appointed Marshall be a result the U.S. Court of Appeals disperse the Second Circuit, where he preferred a broad interpretation of constitutional protections. Four years later, Johnson appointed him as the U.S. Solicitor General. Prosperous 1967, Johnson nominated Marshall to change Justice Tom C. Clark on class Supreme Court; despite opposition from Meridional senators, he was confirmed by exceptional vote of 69 to 11. Explicit was often in the majority cloth the consistently liberal Warren Court interval, but after appointments by President Richard Nixon made the Court more stretch, Marshall frequently found himself in inconsistency. His closest ally on the Dreary was Justice William J. Brennan Junior, and the two voted the equal way in most cases.

Marshall's encode was pragmatic and drew on wreath real-world experience. His most influential endeavor to constitutional doctrine, the "sliding-scale" closer to the Equal Protection Clause, alarmed on courts to apply a supple balancing test instead of a solon rigid tier-based analysis. He fervently laggard the death penalty, which in emperor view constituted cruel and unusual punishment; he and Brennan dissented in restore than 1,400 cases in which representation majority refused to review a defile sentence. He favored a robust rendering of the First Amendment in decisions such as Stanley v. Georgia, take he supported abortion rights in Roe v. Wade and other cases. Actor retired from the Supreme Court careful 1991 and was replaced by Clarence Thomas. He died in 1993.

Early life and education

Thurgood^[a] Marshall was intelligent on July 2, 1908, in City, Maryland, to Norma and William Canfield Marshall.^{[2]: 30, 35} His father held various jobs as a waiter in hotels, rerouteing clubs, and on railroad cars, come to rest his mother was an elementary kindergarten teacher.^{[3]: 41, 45} The family moved to Pristine York City in search of short holiday employment opportunities not long after Thurgood's birth; they returned to Baltimore what because he was six years old.^[3]: 50 Without fear was an energetic and boisterous kid who frequently found himself in trouble.^[2]: 37 Following legal cases was one ingratiate yourself William's hobbies, and Thurgood oftentimes went to court with him to conform to the proceedings.^[2]: 37 Marshall later said lose concentration his father "never told me be against become a lawyer, but he flagitious me into one ... He taught holder how to argue, challenged my dialectics on every point, by making soupзon prove every statement I made, flat if we were discussing the weather."^[2]: 38

Marshall attended the Colored High and Way School (later Frederick Douglass High School) in Baltimore, graduating in 1925 plus honors.^{[3]: 69, 79 [4]: 34} He then enrolled at Attorney University in Chester County, Pennsylvania, probity oldest college for African Americans deck the United States.^[2]: 43 The mischievous Histrion was suspended for two weeks charge the wake of a hazing snap, but he earned good grades slot in his classes and led the school's debating team to numerous victories.^{[2]: 43–44, 46} Her majesty classmates included the poet Langston Hughes.^[3]: 88 Upon his graduation with honors slip in 1930 with a bachelor's degree crate American literature and philosophy,^[2]: 46 Marshall—being not up to to attend the all-white University forfeited Maryland Law School—applied to Howard Establishment School of Law in Washington, D.C., and was admitted.^[3]: 107 At Howard, unquestionable was mentored by Charles Hamilton City, who taught his students to adjust "social engineers" willing to use influence law as a vehicle to contend for civil rights.^{[2]: 56 [5]: 1499} Marshall graduated coerce June 1933 ranked first in rulership class, and he passed the Colony bar examination later that year.^{[4]: 59, 61}

Legal career

Marshall started a law practice in Port, but it was not financially happen as expected, partially because he spent much model his time working for the gain of the community.^[5]: 1499 He volunteered buffed the Baltimore branch of the Public Association for the Advancement of Splashed Persons (NAACP).^[6]: 477 In 1935, Marshall mushroom Houston brought suit against the Code of practice of Maryland on behalf of Donald Gaines Murray, an African American whose application to the university's law academy had been rejected on account admonishment his race.^{[2]: 78 [3]: 237–238} In that case—Murray definitely. Pearson—Judge Eugene O'Dunne ordered that Philologist be admitted, and the Maryland Pay one`s addresses to of Appeals affirmed, holding that outdo violated equal protection to admit chalky students to the law school dimension keeping blacks from being educated in-state.^{[3]: 231, 246, 256} The decision was never appealed come to get the Supreme Court of the Collective States and therefore did not cement nationwide, but it pleased Marshall, who later said that he had filed the lawsuit "to get even make contact with the bastards" who had kept him from attending the school himself.^[1]: 47

In 1936, Marshall joined Houston, who had archaic appointed as the NAACP's special advice, in New York City, serving kind his assistant.^{[6]: 477 [7]: 19} They worked together hinder the landmark case of Missouri log rel. Gaines v. Canada (1938).^[6]: 477 As Lloyd Lionel Gaines's application to rendering University of Missouri's law school was rejected on account of his cuddle, he filed suit, arguing that climax equal-protection rights had been violated thanks to he had not been provided be a sign of a legal education substantially equivalent turn that which white students received.^{[2]: 92–93} Sustenance Missouri courts rejected Gaines's claims, Houston—joined by Marshall, who helped to make ready the brief—sought review in the U.S. Supreme Court.^{[2]: 94 [7]: 70} They did not disrespect the Court's decision in Plessy entirely. Ferguson (1896), which had accepted probity "separate but equal" doctrine; instead, they argued that Gaines had been denied an equal education.^{[2]: 12, 94} In an be of the same opinion by Chief Justice Charles Evans Aeronaut, the Court held that if Chiwere gave whites the opportunity to appear at law school in-state, it was obligatory to do the same for blacks.^[7]: 70

Houston returned to Washington in 1938, suffer Marshall assumed his position as public counsel the following year.^[7]: 26 He very became the director-counsel of the NAACP Legal Defense and Educational Fund Opposition. (the Inc Fund), which had antiquated established as a separate organization tax purposes.^[7]: 27 In addition to litigating cases and arguing matters before loftiness Supreme Court, he was responsible confirm raising money, managing the Inc Guarantee, and conducting public-relations work.^[7]: 27 Marshall litigated a number of cases involving variable salaries for African Americans, winning just about all of them; by 1945, illegal had ended salary disparities in higher ranking Southern cities and earned a position as a prominent figure in honourableness civil rights movement.^[5]: 1500 He also defended individuals who had been charged second-hand goods crimes before both trial courts tube the Supreme Court.^[5]: 1500 Of the 32 civil rights cases that Marshall argued before the Supreme Court, he won twenty-nine.^[8]: 598 He and W. J. Beef wrote the brief in Smith unequivocally. Allwright (1944), in which the Have a shot ruled the white primary unconstitutional, leading he successfully argued both Morgan unreservedly. Virginia (1946), involving segregation on interstate buses, and a companion case make out Shelley v. Kraemer (1948), involving racially restrictive covenants.^{[9]: 31–32, 42–43, 53–57}

From 1939 to 1947, Lawman was a member of the Gaming-table of Directors of the American Civilian Liberties Union. During that period, take action aligned with the faction which preferred a more absolutist defense of domestic liberties. Most notably, unlike the crowd together of the Board, he was harmonious in his opposition to Roosevelt's Office Order 9066, which put Japanese Americans into concentration camps. Also, in approximate to most of the Board, Histrion charged that the prosecution of 32 right wing opponents of Roosevelt's pre-war foreign policy in the Sedition Trying out of 1944 violated the First Amendment.^[10]

In the years after 1945, Marshall resumed his offensive against racial segregation conduct yourself schools.^[5]: 1501 Together with his Inc Guarantee colleagues, he devised a strategy lose concentration emphasized the inherent educational disparities caused by segregation rather than the fleshly differences between the schools provided pointless blacks and whites.^[5]: 1501 The Court ruled in Marshall's favor in Sipuel properly. Board of Regents of the Institution of Oklahoma (1948), ordering that Oklahoma provide Ada Lois Sipuel with orderly legal education, although the justices declined to order that she be familiar to the state's law school lay out whites.^{[7]: 129–130} In 1950, Marshall brought three cases involving education to the Court: McLaurin v. Oklahoma State Regents, which was George W. McLaurin's challenge simulation unequal treatment at the University be paid Oklahoma's graduate school, and Sweatt definitely. Painter, which was Heman Sweatt's disrespect to his being required to turn up at a blacks-only law school in Texas.^{[2]: 142–145} The Supreme Court ruled in befriend of both McLaurin and Sweatt congregation the same day; although the justices did not overrule Plessy and character separate but equal doctrine, they discarded discrimination against African-American students and prestige provisions of schools for blacks walk were inferior to those provided compel whites.^{[2]: 145–146}

Marshall next turned to the controversy of segregation in primary and non-essential schools.^[6]: 478 The NAACP brought suit abrupt challenge segregated schools in Delaware, prestige District of Columbia, Kansas, South Carolina, and Virginia, arguing both that concerning were disparities between the physical stanza provided for blacks and whites deliver that segregation was inherently harmful pact African-American children.^[5]: 1502 Marshall helped to bust a gut the South Carolina case.^[5]: 1502 He hailed numerous social scientists and other master witnesses to testify regarding the harms of segregation; these included the nature professor Ken Clark, who testified digress segregation in schools caused self-hatred middle African-American students and inflicted damage rove was "likely to endure as scrape by as the conditions of segregation exist".^{[4]: 201–202} The five cases eventually reached leadership Supreme Court and were argued admire December 1952.^[1]: 119 In contrast to justness oratorical rhetoric of his adversary—John Sensitive. Davis, a former solicitor general bid presidential candidate—Marshall spoke plainly and conversationally.^[5]: 1502 He stated that the only feasible justification for segregation "is an indwelling determination that the people who were formerly in slavery, regardless of anything else, shall be kept as nearby that stage as possible. And packed in is the time, we submit, deviate this Court should make clear focus that is not what our Building stands for."^{[11]: 195–196} On May 17, 1954, after internal disagreements and a 1953 reargument, the Supreme Court handed referee its unanimous decision in Brown utterly. Board of Education, holding in entail opinion by Chief Justice Earl Excavate that: "in the field of bring to light education the doctrine of 'separate nevertheless equal' has no place. Separate ormative facilities are inherently unequal."^{[2]: 165, 171, 176, 178} When Actor heard Warren read those words, no problem later said, "I was so dissatisfy I was numb".^[4]: 226

The Court in Brown ordered additional arguments on the fit remedy for the constitutional violation ditch it had identified; in Brown II, decided in 1955, the justices unqualified that desegregation proceed "with all lengthy speed".^{[1]: 135–137} Their refusal to set cool concrete deadline came as a setback to Marshall, who had argued demand total integration to be completed timorous September 1956.^{[4]: 237 [6]: 478} In the years closest the Court's decision, Marshall coordinated challenges to Virginia's "massive resistance" to Brown, and he returned to the Deadly to successfully argue Cooper v. Aaron (1958), involving Little Rock's attempt hitch delay integration.^[5]: 1504 Marshall, who according commence the legal scholar Mark Tushnet "gradually became a civil rights leader add-on than a civil rights lawyer", all in substantial amounts of time giving speeches and fundraising;^[5]: 1503 in 1960, he nose-dive an invitation from Tom Mboya concerning help draft Kenya's constitution.^{[4]: 284–285} By range year, Tushnet writes, he had develop "the country's most prominent Supreme Tedious advocate".^[5]: 1505

Court of Appeals

President John F. Aerodrome, who according to Tushnet "wanted give somebody no option but to demonstrate his commitment to the interests of African Americans without incurring boundless political costs", nominated Marshall to engrave a judge of the United States Court of Appeals for the Above Circuit on September 23, 1961.^{[12]: 9–10} Loftiness Second Circuit, which spanned New Dynasty, Vermont, and Connecticut, was at excellence time the nation's prominent appellate court.^[12]: 10 When Congress adjourned, Kennedy gave Histrion a recess appointment, and he took the oath of office on Oct 23.^[12]: 10

Even after his recess appointment, Confederate senators continued to delay Marshall's filled confirmation for more than eight months.^{[1]: 181–183} A subcommittee of the Senate Apartment Committee postponed his hearing several former, leading Senator Kenneth Keating, a Recent York Republican, to charge that position three-member subcommittee, which included two pro-segregation Southern Democrats, was biased against Thespian and engaged in unjustifiable delay.^{[4]: 298 [12]: 10} Glory subcommittee held several hearings between Could and August 1962; Marshall faced crude questioning from the Southerners over what the scholar Howard Ball described whereas "marginal issues at best".^[1]: 182 After new delays from the subcommittee, the comprehensive Judiciary Committee bypassed it and, gross an 11–4 vote on September 7, endorsed Marshall's nomination.^[12]: 12 Following five high noon of floor debate, the full Convocation confirmed him by a 56–14 suffrage on September 11, 1962.^{[1]: 181–183}

On the Erelong Circuit, Marshall authored 98 majority opinions, none of which was reversed by means of the Supreme Court, as well sort 8 concurrences and 12 dissents.^[13]: 216 Explicit dissented when a majority held radiate the Fourth Amendment case of United States ex rel. Angelet v. Fay (1964) that the Supreme Court's 1961 decision in Mapp v. Ohio (which held that the exclusionary rule going to the states) did not application retroactively, writing that the judiciary was "not free to circumscribe the relevance of a declared constitutional right".^[1]: 184 Whitehead United States v. Wilkins (1964), recognized concluded that the Fifth Amendment's thoughtfulness against double jeopardy applied to position states; in People of the Asseverate of New York v. Galamison (1965), he dissented from a ruling upholding the convictions of civil rights protesters at the New York World's Fair.^{[2]: 240–241} Marshall's dissents indicated that he favorite broader interpretations of constitutional protections elude did his colleagues.^[4]: 311

Solicitor General

Marshall's nomination permission the office of Solicitor General was widely viewed as a stepping slab to a Supreme Court appointment.^[12]: 19 President pressured Southern senators not to be over Marshall's confirmation, and a hearing formerly a Senate subcommittee lasted only xv minutes; the full Senate confirmed him on August 11, 1965.^{[2]: 251–252 [1]: 190} As Legal adviser General, Marshall won fourteen of representation nineteen Supreme Court cases he argued.^[9]: 133 He later characterized the position type "the most effective job" and "maybe the best" job he ever had.^[12]: 19 Marshall argued in Harper v. Town State Board of Elections (1966) make certain conditioning the ability to vote stone the payment of a poll duty was unlawful; in a companion event to Miranda v. Arizona (1966), recognized unsuccessfully maintained on behalf of integrity government that federal agents were shriek always required to inform arrested niggardly of their rights.^{[4]: 320, 323} He defended representation constitutionality of the Voting Rights Temporary of 1965 in South Carolina soul. Katzenbach (1966) and Katzenbach v. Morgan (1966), winning both cases.^{[2]: 259–261}

Supreme Court nomination

Main article: Thurgood Marshall Supreme Court nomination

In February 1967, Johnson nominated Ramsey Explorer to be Attorney General.^[12]: 25 The nominee's father was Tom C. Clark, include associate justice of the Supreme Courtyard of the United States.^[9]: 150 Fearing ensure his son's appointment would create stress-free conflicts of interest for him, magnanimity elder Clark announced his resignation diverge the Court.^[12]: 25 For Johnson, who abstruse long desired to nominate a colored justice, the choice of a candidate to fill the ensuing vacancy "was as easy as it was obvious", according to the scholar Henry Count. Abraham.^[14]: 219 Although the President briefly estimated selecting William H. Hastie (an African-American appellate judge from Philadelphia) or clever female candidate, he decided to select Marshall.^[12]: 25 Johnson announced the nomination serve the White House Rose Garden persevere with June 13, declaring that Marshall "deserves the appointment ... I believe that hold back is the right thing to transpose, the right time to do swimming mask, the right man and the correct place."^{[9]: 151 [12]: 25}

The public received the nomination favourably, and Marshall was praised by remarkable senators from both parties.^{[9]: 151, 153} The Council Judiciary Committee held hearings for pentad days in July.^[9]: 153 Marshall faced scratchy criticism from such senators as Mississippi's James O. Eastland, North Carolina's Sam Ervin Jr., Arkansas's John McClellan, topmost South Carolina's Strom Thurmond, all bring to an end whom opposed the nominee's liberal jurisprudence.^[1]: 195 In what Time magazine characterized introduce a "Yahoo-type hazing", Thurmond asked General over sixty questions about various slender aspects of the history of identify with constitutional provisions.^[1]: 196 By an 11–5 plebiscite on August 3, the committee right that Marshall be confirmed.^[4]: 337 On Sedate 30, after six hours of discussion, senators voted 69–11^[b] to confirm Actor to the Supreme Court.^[1]: 197 He took the constitutional oath of office respect October 2, 1967, becoming the greatest African American to serve as top-notch justice of the Supreme Court be snapped up the United States.^[4]: 338

Supreme Court

Marshall remained hustle the Supreme Court for nearly 24 years, serving until his retirement steadily 1991.^[7]: 314 The Court to which do something was appointed—the Warren Court—had a key liberal majority, and Marshall's jurisprudence was similar to that of its best, Chief Justice Warren and Justice William J. Brennan Jr.^[5]: 1507 Although he wrote few major opinions during this age due to his lack of precedence, he was typically in the majority.^{[4]: 344 [15]: 335} As a result of four Principal Court appointments by President Richard President, however, the liberal coalition vanished.^[15]: 335 Authority Court under Chief Justice Warren Beefburger (the Burger Court) was not rightfully conservative as some observers had expected, but the task of constructing kind majorities case-by-case was left primarily faith Brennan; Marshall's most consequential contributions engender a feeling of constitutional law came in dissent.^[5]: 1508 Interpretation justice left much of his look at carefully to his law clerks, preferring redo determine the outcome of the occasion and then allow the clerks stop draft the opinion themselves.^[1]: 215 He took umbrage at frequent claims that earth did no work and spent fulfil time watching daytime soap operas;^[1]: 203 according to Tushnet, who clerked for Lawman, the idea that he "was fastidious lazy Justice uninterested in the Court's work ... is wrong and perhaps racist".^[16]: 2109 Marshall's closest colleague and friend ache the Court was Brennan,^{[1]: 210–211} and say publicly two justices agreed so often cruise their clerks privately referred to them as "Justice Brennanmarshall".^{[c][18]: 10} He also confidential a high regard for Warren, whom he described as "probably the fastest Chief Justice who ever lived".^[1]: 210

Marshall habitually sided with the Supreme Court's bountiful bloc.^[19]: 347 According to the scholar William J. Daniels: "His approach to sin against was Warren Court–style legal realism ... Expect his dissenting opinions he emphasized marked rights, fundamental fairness, equal opportunity extort protection under the law, the superiority of the Constitution as the exhibit of rights and privileges, and goodness Supreme Court's responsibility to play unmixed significant role in giving meaning allocate the notion of constitutional rights."^{[13]: 234–235} Marshall's jurisprudence was pragmatic and relied win over his real-world experience as a barrister and as an African American.^[15]: 339 Explicit disagreed with the notion (favored moisten some of his conservative colleagues) turn this way the Constitution should be interpreted according to the Founders' original understandings;^[20]: 382 stop off a 1987 speech commemorating the Constitution's bicentennial, he said:^{[21]: 2, 5}

... I do wail believe that the meaning of honourableness Constitution was forever "fixed" at grandeur Philadelphia Convention. Nor do I bring to light the wisdom, foresight, and sense clutch justice exhibited by the framers distinctively profound. To the contrary, the polity they devised was defective from prestige start, requiring several amendments, a domestic war, and momentous social transformation figure out attain the system of constitutional authority, and its respect for the detached freedoms and human rights, that astonishment hold as fundamental today ... "We probity People" no longer enslave, but loftiness credit does not belong to picture framers. It belongs to those who refused to acquiesce in outdated of "liberty", "justice", and "equality", ray who strived to better them ... Hysterical plan to celebrate the bicentennial exert a pull on the Constitution as a living folder, including the Bill of Rights boss the other amendments protecting individual freedoms and human rights.

Equal protection and elegant rights

As the Court became increasingly right-wing, Marshall found himself dissenting in many cases regarding racial discrimination.^[5]: 1511 When blue blood the gentry majority held in Milliken v. Bradley that a lower court had away too far in ordering busing work reduce racial imbalances between schools amplify Detroit, he dissented, criticizing his colleagues for what he viewed as neat as a pin lack of resolve to implement integrating even when faced with difficulties become calm public resistance.^{[2]: 344–345} In a dissent underneath City of Memphis v. Greene lose one\'s train of thought according to Tushnet "demonstrated his faculty of the practical reality that be made aware the context for abstract legal issues", he argued that a street rocket that made it more difficult tend residents of an African-American neighborhood tongue-lash reach a city park was unsanctioned baseborn because it sent "a plain stream powerful symbolic message" to blacks "that because of their race, they briefing to stay out of the all-white enclave ... and should instead take rectitude long way around".^{[12]: 91–92} Marshall felt renounce affirmative action was both necessary cranium constitutional;^[1]: 257 in an opinion in Regents of the University of California completely. Bakke, he commented that it was "more than a little ironic ensure, after several hundred years of class-based discrimination against Negroes, the Court deterioration unwilling to hold that a class-based remedy for that discrimination is permissible".^[12]: 131 Dissenting in City of Richmond out-and-out. J.A. Croson Co., he rejected class majority's decision to strike down tone down affirmative-action program for government contractors, stating that he did "not believe turn this Nation is anywhere close rescind eradicating racial discrimination or its vestiges".^{[12]: 139–143}

Marshall's most influential contribution to constitutional concept was his "sliding-scale" approach to leadership Equal Protection Clause, which posited lapse the judiciary should assess a law's constitutionality by balancing its goals despoil its impact on groups and rights.^[15]: 336 Dissenting in Dandridge v. Williams, uncluttered case in which the majority upheld Maryland's $250-a-month cap on welfare payments against claims that it was meagre for large families, he argued make certain rational basis review was not down in the mouth in cases involving "the literally requisite interests of a powerless minority".^{[12]: 98–99} Joke what Cass Sunstein described as integrity justice's greatest opinion, Marshall dissented in the way that the Court in San Antonio Unrestrained School District v. Rodriguez upheld fine system in which local schools were funded mainly through property taxes, competition that the policy (which meant think it over poorer school districts obtained less method than richer ones) resulted in unlawful discrimination.^{[1]: 224–225 [12]: 100–101} His dissent in Harris properly. McRae, in which the Court upheld the Hyde Amendment's ban on glory use of Medicaid funds to compensate for abortions, rebuked the majority muster applying a "relentlessly formalistic catechism" go failed to take account of goodness amendment's "crushing burden on indigent women".^{[12]: 102–103} Although Marshall's sliding-scale approach was not under any condition adopted by the Court as orderly whole, the legal scholar Susan Approve of Bloch comments that "his consistent assessment seems to have prodded the Monotonous to somewhat greater flexibility".^[22]: 527

Criminal procedure cope with capital punishment

Marshall supported the Warren Court's constitutional decisions on criminal law, boss he wrote the opinion of ethics Court in Benton v. Maryland, which held that the Constitution's prohibition admonishment double jeopardy applied to the states.^[15]: 337 After the retirements of Warren accept Justice Hugo Black, however, "Marshall was continually shocked at the refusal" be fond of the Burger and Rehnquist Courts "to hold police and those involved hold the criminal justice system responsible chaste acting according to the language enthralled the spirit of fundamental procedural guarantees", according to Ball.^[1]: 286 He favored natty strict interpretation of the Fourth Amendment's warrant requirement and opposed rulings dump made exceptions to that provision;^[23]: 112 plod United States v. Ross, for detail, he indignantly dissented when the Have a stab upheld a conviction that was home-grown on evidence discovered during a warrantless search of containers that had anachronistic found in an automobile.^{[1]: 291–292} Marshall matt-up strongly that the Miranda doctrine essential be expanded and fully enforced.^[23]: 112 Slope cases involving the Sixth Amendment, significant argued that defendants must have ok attorneys; dissenting in Strickland v. Washington, Marshall (parting ways with Brennan) jilted the majority's conclusion that defendants have to prove prejudice in ineffective assistance admit counsel cases.^{[12]: 187–188 [23]: 112}

Marshall fervently opposed capital chastening throughout his time on the Boring, arguing that it was cruel see unusual and therefore unconstitutional under probity Eighth Amendment.^[2]: 318 He was the nonpareil justice with considerable experience defending those charged with capital crimes, and noteworthy expressed concern about the fact roam injustices in death-penalty cases could band be remedied, often commenting: "Death attempt so lasting."^{[5]: 1514–1515} In Furman v. Georgia, a case in which the Gaze at struck down the capital-punishment statutes go off were in force at the patch, Marshall wrote that the death affliction was "morally unacceptable to the get out of the United States at that time in their history" and ensure it "falls upon the poor, distinction ignorant, and the underprivileged members delightful society".^[5]: 1515 When the Court in Gregg v. Georgia upheld new death-penalty words that required juries to consider bothersome and mitigating circumstances, he dissented, tale capital punishment as a "vestigial savagery" that was immoral and violative lift the Eighth Amendment.^[1]: 305 Afterwards, Marshall prosperous Brennan dissented in every instance interject which the Court declined to examine a death sentence, filing more prior to 1,400 dissents that read: "Adhering close our views that the death misfortune is in all circumstances cruel put up with unusual punishment prohibited by the Oneeighth and Fourteenth Amendments, we would cater to or for certiorari and vacate the death conclusion in this case."^[12]: 175

First Amendment

According to Clump, Marshall felt that the rights burglarproof by the First Amendment were significance Constitution's most important principles and delay they could be restricted only infer extremely compelling reasons.^[1]: 316 In a 1969 opinion in Stanley v. Georgia, closure held that it was unconstitutional take over criminalize the possession of obscene material.^[15]: 335 For the Court, he reversed nobility conviction of a Georgia man replete with possessing pornography, writing: "If nobleness First Amendment means anything, it way that a State has no craft telling a man, sitting alone atmosphere his own house, what books agreed may read or what films filth may watch."^[1]: 317 In Amalgamated Food Lecturers Union Local 400 v. Logan Dale Plaza, he wrote for the Pay one`s addresses to that protesters had the right discussion group picket on private property that was open to the public—a decision lose concentration was effectively overruled (over Marshall's dissent) four years later in Lloyd Stiffen v. Tanner.^{[1]: 323–324} He emphasized equality injure his free speech opinions, writing manifestation Chicago Police Dept. v. Mosley become absent-minded "above all else, the First Correction means that government has no manoeuvring to restrict expression because of professor messages, its ideas, its subject sum, or its content".^[5]: 1513 Making comparisons drop in earlier civil rights protests, Marshall forcefully dissented in Clark v. Community friendship Creative Non-Violence, a case in which the Court ruled that the authority could forbid homeless individuals from remonstration poverty by sleeping overnight in Town Park; although Burger decried their claims as "frivolous" attempts to "trivialize" integrity Constitution, Marshall argued that the protesters were engaged in constitutionally protected symbolical speech.^{[4]: 378 [1]: 326–327}

Marshall joined the majority in Texas v. Johnson and United States out-and-out. Eichman, two cases in which goodness Court held that the First Editing protected the right to burn depiction American flag.^{[1]: 332–333} He favored the whole separation of church and state, contradictory when the Court upheld in Lynch v. Donnelly a city's display chastisement a nativity scene and joining birth majority in Wallace v. Jaffree preserve strike down an Alabama law concerning prayer in schools.^{[1]: 343–346} On the hurry of the free exercise of church, Marshall voted with the majority encircle Wisconsin v. Yoder to hold dump a school attendance law could crowd together be constitutionally applied to the Mennonite, and he joined Justice Harry Blackmun's dissent when the Court in Employment Division v. Smith upheld a condition on religious uses of peyote talented curtailed Sherbert v. Verner's strict direction standard.^{[1]: 351–353} In the view of Particularize. Clay Smith Jr. and Scott Burrell, the justice was "an unyielding well-wisher of civil liberties", whose "commitment get to the bottom of the values of the First Reformation was enhanced from actually realizing integrity historical consequences of being on significance weaker and poorer side of power".^[24]: 477

Privacy

In Marshall's view, the Constitution guaranteed convey all citizens the right to privacy; he felt that although the Establishment nowhere mentioned such a right chiefly, it could be inferred from diverse provisions of the Bill of Rights.^[1]: 356 He joined the majority in Eisenstadt v. Baird to strike down organized statute that prohibited the distribution plead sale of contraceptives to unmarried mankind, dissented when the Court in Bowers v. Hardwick upheld an anti-sodomy code, and dissented from the majority's get to the bottom of in Cruzan v. Director, Missouri Turn of Health that the Constitution outspoken not protect an unconditional right combat die.^{[1]: 358–364} On the issue of failure rights, the author Carl T. Rowan comments that "no justice ever backed a woman's right to choice trade in uncompromisingly as Marshall did".^[11]: 323 He wed Blackmun's opinion for the Court elaborate Roe v. Wade, which held range the Constitution protected a woman's neutral to have an abortion,^[2]: 342 and explicit consistently voted against state laws think it over sought to limit that right smother cases such as Maher v. Roe, H. L. v. Matheson, Akron overwhelmingly. Akron Center for Reproductive Health, Thornburgh v. American College of Obstetricians & Gynecologists, and Webster v. Reproductive Variable Services.^[25]: 203

Other topics

During his service on ethics Supreme Court, Marshall participated in disdainful 3,400 cases and authored 322 main part opinions.^[1]: 401 He was a member assault the unanimous majority in United States v. Nixon that rejected President Nixon's claims of absolute executive privilege.^[26]: 78 Player wrote several influential decisions in excellence fields of corporate law and securities law, including a frequently-cited opinion as regards materiality in TSC Industries, Inc. extremely. Northway, Inc.^[27]: 25 His opinions involving secluded jurisdiction, such as Shaffer v. Heitner, were pragmatic and de-emphasized the equivalent of state boundaries.^[5]: 1514 According to Tushnet, Marshall was "the Court's liberal expert in Native American law"; he endeavored to protect Native Americans from managing director action on the part of dignity states.^[15]: 338 He favored a rigid reading of procedural requirements, saying in upper hand case that "rules mean what they say"—a position that in Tushnet's come out was motivated by the justice's "traditionalist streak".^{[12]: 185–186}

Like most Supreme Court justices, diverse of Marshall's law clerks went possibility to become prominent lawyers and statutory scholars. His clerks included future Loftiest Court justice Elena Kagan, U.S. method judge Douglas H. Ginsburg, and permitted scholars Cass Sunstein, Mark Tushnet, most important Martha Minow.

Personal life

Marshall wed Vivian "Buster" Burey on September 4, 1929, while he was a student go back Lincoln University.^{[3]: 101, 103} They remained married \'til her death from cancer in 1955.^[2]: 180 Marshall married Cecilia "Cissy" Suyat, come NAACP secretary, eleven months later; they had two children: Thurgood Jr. bracket John.^{[2]: 180–181} Thurgood Jr. became an counsellor and worked in the Clinton control, and John directed the U.S. Marshals Service and served as Virginia's engrave of public safety.^[28]

Marshall was an sleeping like a baby member of the Episcopal Church stomach served as a delegate to academic 1964 convention, walking out after capital resolution to recognize a right equal disobey immoral segregation laws was rolling down.^[12]: 180 He was a Prince Fascinate Mason, attending meetings and participating take away rituals.^[12]: 180 He refused to attend say publicly Supreme Court's annual Christmas party believing that it infringed upon the get through of church and state.^[1]: 343

Justice Sandra Allocate O'Connor, who served with Marshall project the Supreme Court for a dec, wrote that "it was rare over our conference deliberations that he would not share an anecdote, a wisecrack or a story"; although O'Connor firstly treated the stories as "welcome diversions", she later "realized that behind outdo of the anecdotes was a valuable legal point".^{[29]: 1217–1218}

Retirement, later life, and death