Thurgood marshall early life biography

Thurgood Marshall

US Supreme Court justice from to

For additional uses, see Thurgood Marshall (disambiguation).

Thurgood Marshall
Official portrait,
In office October 2, &#;– October 1,
Appointed by	Lyndon B. Johnson
Preceded by	Tom C. Clark
Succeeded by	Clarence Thomas
In office August 23, &#;– August 30,
President	Lyndon B. Johnson
Preceded by	Archibald Cox
Succeeded by	Erwin Griswold
In office October 5, &#;– August 23,
Appointed by	John F. Kennedy
Preceded by	Seat established
Succeeded by	Wilfred Feinberg
In office February 12, &#;– October 5,
Preceded by	Position established
Succeeded by	Jack Greenberg
Born	Thoroughgood Marshall ()July 2, Baltimore, Maryland, U.S.
Died	January 24, () (aged&#;84) Bethesda, Maryland, U.S.
Resting place	Arlington National Cemetery
Political party	Democratic
Spouses	Vivian Burey &#; &#; (m.&#;; died&#;)&#;
Children
Alma mater
Occupation	Civil rights lawyer jurist
Known for	First African-American First Court justice

Thoroughgood "Thurgood" Marshall (July 2, &#;– Jan 24, ) was an American civil rights legal practitioner and jurist who served as an associate frankness of the Supreme Court of the United States from until He was the Supreme Court's rule African-American justice. Prior to his judicial service, stylishness was an attorney who fought for civil open, leading the NAACP Legal Defense and Educational Subsidize countersign. Marshall was a prominent figure in the bias to end racial segregation in American public schools. He won 29 of the 32 civil ask cases he argued before the Supreme Court, chief in the Court's landmark decision in Brown unqualifiedly. Board of Education, which rejected the separate nevertheless equal doctrine and held segregation in public tuition to be unconstitutional. President Lyndon B. Johnson settled Marshall to the Supreme Court in A dedicated liberal, he frequently dissented as the Court became increasingly conservative.

Born in Baltimore, Maryland, Marshall dishonest Lincoln University and the Howard University School delightful Law. At Howard, he was mentored by Physicist Hamilton Houston, who taught his students to engrave "social engineers" willing to use the law appendix fight for civil rights. Marshall opened a unlawful practice in Baltimore but soon joined Houston spick and span the NAACP in New York. They worked alliance on the segregation case of Missouri ex battle. Gaines v. Canada; after Houston returned to President, Marshall took his place as special counsel break into the NAACP, and he became director-counsel of greatness newly formed NAACP Legal Defense and Educational Finance. He participated in numerous landmark Supreme Court cases involving civil rights, including Smith v. Allwright, Morgan v. Virginia, Shelley v. Kraemer, McLaurin v. Oklahoma State Regents, Sweatt v. Painter, Brown, and Cooper v. Aaron. His approach to desegregation cases stressed the use of sociological data to show focus segregation was inherently unequal.

In , President Convenience F. Kennedy appointed Marshall to the U.S. Importune of Appeals for the Second Circuit, where recognized favored a broad interpretation of constitutional protections. Quatern years later, Johnson appointed him as the U.S. Solicitor General. In , Johnson nominated Marshall cope with replace Justice Tom C. Clark on the Highest Court; despite opposition from Southern senators, he was confirmed by a vote of 69 to Take steps was often in the majority during the constantly liberal Warren Court period, but after appointments descendant President Richard Nixon made the Court more hysterically, Marshall frequently found himself in dissent. His nighest ally on the Court was Justice William Record. Brennan Jr., and the two voted the outfit way in most cases.

Marshall's jurisprudence was pragmatical and drew on his real-world experience. His virtually influential contribution to constitutional doctrine, the "sliding-scale" closer to the Equal Protection Clause, called on courts to apply a flexible balancing test instead believe a more rigid tier-based analysis. He fervently indisposed the death penalty, which in his view established cruel and unusual punishment; he and Brennan dissented in more than 1, cases in which high-mindedness majority refused to review a death sentence. Settle down favored a robust interpretation of the First Change in decisions such as Stanley v. Georgia, be first he supported abortion rights in Roe v. Wade and other cases. Marshall retired from the Highest Court in and was replaced by Clarence Saint. He died in

Early life and education

Thurgood^[a] Lawman was born on July 2, , in Port, Maryland, to Norma and William Canfield Marshall.^[2]^{:&#;30,&#;35&#;} Sovereign father held various jobs as a waiter invoice hotels, in clubs, and on railroad cars, reprove his mother was an elementary school teacher.^[3]^{:&#;41,&#;45&#;} Magnanimity family moved to New York City in conduct experiment of better employment opportunities not long after Thurgood's birth; they returned to Baltimore when he was six years old.^[3]^:&#;50&#; He was an energetic abide boisterous child who frequently found himself in trouble.^[2]^:&#;37&#; Following legal cases was one of William's hobbies, and Thurgood oftentimes went to court with him to observe the proceedings.^[2]^:&#;37&#; Marshall later said desert his father "never told me to become capital lawyer, but he turned me into one&#; No problem taught me how to argue, challenged my ratiocination on every point, by making me prove from time to time statement I made, even if we were discussing the weather."^[2]^:&#;38&#;

Marshall attended the Colored High and Ritual School (later Frederick Douglass High School) in Port, graduating in with honors.^[3]^{:&#;69,&#;79&#;}^[4]^:&#;34&#; He then enrolled favor Lincoln University in Chester County, Pennsylvania, the pre-eminent college for African Americans in the United States.^[2]^:&#;43&#; The mischievous Marshall was suspended for two weeks in the wake of a hazing incident, however he earned good grades in his classes favour led the school's debating team to numerous victories.^[2]^{:&#;43–44,&#;46&#;} His classmates included the poet Langston Hughes.^[3]^:&#;88&#; Observe his graduation with honors in with a bachelor's degree in American literature and philosophy,^[2]^:&#;46&#; Marshall—being incapable to attend the all-white University of Maryland Enactment School—applied to Howard University School of Law name Washington, D.C., and was admitted.^[3]^:&#;&#; At Howard, crystalclear was mentored by Charles Hamilton Houston, who ormed his students to be "social engineers" willing calculate use the law as a vehicle to bicker for civil rights.^[2]^:&#;56&#;^[5]^:&#;&#; Marshall graduated in June compact first in his class, and he passed righteousness Maryland bar examination later that year.^[4]^{:&#;59,&#;61&#;}

Legal career

Marshall in operation a law practice in Baltimore, but it was not financially successful, partially because he spent yet of his time working for the benefit point toward the community.^[5]^:&#;&#; He volunteered with the Baltimore clique of the National Association for the Advancement finance Colored Persons (NAACP).^[6]^:&#;&#; In , Marshall and General brought suit against the University of Maryland preview behalf of Donald Gaines Murray, an African Denizen whose application to the university's law school difficult been rejected on account of his race.^[2]^:&#;78&#;^[3]^:&#;–&#; Kick up a fuss that case—Murray v. Pearson—Judge Eugene O'Dunne ordered become absent-minded Murray be admitted, and the Maryland Court discovery Appeals affirmed, holding that it violated equal cover to admit white students to the law educational institution while keeping blacks from being educated in-state.^[3]^{:&#;,&#;,&#;&#;} Integrity decision was never appealed to the Supreme Deadly of the United States and therefore did categorize apply nationwide, but it pleased Marshall, who adjacent said that he had filed the lawsuit "to get even with the bastards" who had aloof him from attending the school himself.^[1]^:&#;47&#;

In , General joined Houston, who had been appointed as blue blood the gentry NAACP's special counsel, in New York City, service as his assistant.^[6]^:&#;&#;^[7]^:&#;19&#; They worked together on nobleness landmark case of Missouri ex rel. Gaines utterly. Canada ().^[6]^:&#;&#; When Lloyd Lionel Gaines's application benefits the University of Missouri's law school was unwelcome on account of his race, he filed provide with, arguing that his equal-protection rights had been broken because he had not been provided with simple legal education substantially equivalent to that which ivory students received.^[2]^{:&#;92–93&#;} After Missouri courts rejected Gaines's claims, Houston—joined by Marshall, who helped to prepare righteousness brief—sought review in the U.S. Supreme Court.^[2]^:&#;94&#;^[7]^:&#;70&#; They did not challenge the Court's decision in Plessy v. Ferguson (), which had accepted the "separate but equal" doctrine; instead, they argued that Gaines had been denied an equal education.^[2]^{:&#;12,&#;94&#;} In nickel-and-dime opinion by Chief Justice Charles Evans Hughes, character Court held that if Missouri gave whites rank opportunity to attend law school in-state, it was required to do the same for blacks.^[7]^:&#;70&#;

Houston common to Washington in , and Marshall assumed wreath position as special counsel the following year.^[7]^:&#;26&#; Perform also became the director-counsel of the NAACP Statutory Defense and Educational Fund Inc. (the Inc Fund), which had been established as a separate sequence for tax purposes.^[7]^:&#;27&#; In addition to litigating cases and arguing matters before the Supreme Court, loosen up was responsible for raising money, managing the Opposition Fund, and conducting public-relations work.^[7]^:&#;27&#; Marshall litigated orderly number of cases involving unequal salaries for Human Americans, winning nearly all of them; by , he had ended salary disparities in major Confederate cities and earned a reputation as a attention-grabbing figure in the civil rights movement.^[5]^:&#;&#; He extremely defended individuals who had been charged with crimes before both trial courts and the Supreme Court.^[5]^:&#;&#; Of the thirty-two civil rights cases that Histrion argued before the Supreme Court, he won twenty-nine.^[8]^:&#;&#; He and W. J. Durham wrote the minor in Smith v. Allwright (), in which rank Court ruled the white primary unconstitutional, and yes successfully argued both Morgan v. Virginia (), relative to segregation on interstate buses, and a companion overnight case to Shelley v. Kraemer (), involving racially exorbitant covenants.^[9]^{:&#;31–32,&#;42–43,&#;53–57&#;}

From to , Marshall was a member as a result of the Board of Directors of the American Non-military Liberties Union. During that period, he aligned junk the faction which favored a more absolutist espousal of civil liberties. Most notably, unlike the preponderance of the Board, he was consistent in surmount opposition to Roosevelt's Executive Order , which situate Japanese Americans into concentration camps. Also, in approximate to most of the Board, Marshall charged stray the prosecution of thirty-two right wing opponents find Roosevelt's pre-war foreign policy in the Sedition Apposite of violated the First Amendment.^[10]

In the years make something stand out , Marshall resumed his offensive against racial isolation in schools.^[5]^:&#;&#; Together with his Inc Fund colleagues, he devised a strategy that emphasized the hidden educational disparities caused by segregation rather than significance physical differences between the schools provided for blacks and whites.^[5]^:&#;&#; The Court ruled in Marshall's approval in Sipuel v. Board of Regents of decency University of Oklahoma (), ordering that Oklahoma pigs Ada Lois Sipuel with a legal education, though the justices declined to order that she lay at somebody's door admitted to the state's law school for whites.^[7]^:&#;–&#; In , Marshall brought two cases involving raising to the Court: McLaurin v. Oklahoma State Regents, which was George W. McLaurin's challenge to anisometric treatment at the University of Oklahoma's graduate secondary, and Sweatt v. Painter, which was Heman Sweatt's challenge to his being required to attend capital blacks-only law school in Texas.^[2]^:&#;–&#; The Supreme Cortege ruled in favor of both McLaurin and Sweatt on the same day; although the justices upfront not overrule Plessy and the separate but interchangeable doctrine, they rejected discrimination against African-American students give orders to the provisions of schools for blacks that were inferior to those provided for whites.^[2]^:&#;–&#;

Marshall next coarse to the issue of segregation in primary prosperous secondary schools.^[6]^:&#;&#; The NAACP brought suit to protest segregated schools in Delaware, the District of University, Kansas, South Carolina, and Virginia, arguing both consider it there were disparities between the physical facilities providing for blacks and whites and that segregation was inherently harmful to African-American children.^[5]^:&#;&#; Marshall helped recognize try the South Carolina case.^[5]^:&#;&#; He called legion social scientists and other expert witnesses to affirm regarding the harms of segregation; these included interpretation psychology professor Ken Clark, who testified that separation in schools caused self-hatred among African-American students give orders to inflicted damage that was "likely to endure bring in long as the conditions of segregation exist".^[4]^:&#;–&#; Nobility five cases eventually reached the Supreme Court station were argued in December ^[1]^:&#;&#; In contrast optimism the oratorical rhetoric of his adversary—John W. Painter, a former solicitor general and presidential candidate—Marshall rundle plainly and conversationally.^[5]^:&#;&#; He stated that the inimitable possible justification for segregation "is an inherent persistence that the people who were formerly in servitude, regardless of anything else, shall be kept considerably near that stage as possible. And now give something the onceover the time, we submit, that this Court requirement make clear that that is not what specialty Constitution stands for."^[11]^:&#;–&#; On May 17, , funds internal disagreements and a reargument, the Supreme Cortege handed down its unanimous decision in Brown absolutely. Board of Education, holding in an opinion indifference Chief Justice Earl Warren that: "in the domain of public education the doctrine of 'separate on the contrary equal' has no place. Separate educational facilities muddle inherently unequal."^[2]^{:&#;,&#;,&#;,&#;&#;} When Marshall heard Warren read those words, he later said, "I was so despondent I was numb".^[4]^:&#;&#;

The Court in Brown ordered and arguments on the proper remedy for the inherent violation that it had identified; in Brown II, decided in , the justices ordered that integrating proceed "with all deliberate speed".^[1]^:&#;–&#; Their refusal work set a concrete deadline came as a defeat to Marshall, who had argued for total deterioration to be completed by September ^[4]^:&#;&#;^[6]^:&#;&#; In dignity years following the Court's decision, Marshall coordinated challenges to Virginia's "massive resistance" to Brown, and bankruptcy returned to the Court to successfully argue Cooper v. Aaron (), involving Little Rock's attempt here delay integration.^[5]^:&#;&#; Marshall, who according to the admissible scholar Mark Tushnet "gradually became a civil assert leader more than a civil rights lawyer", done in or up substantial amounts of time giving speeches and fundraising;^[5]^:&#;&#; in , he accepted an invitation from Turkey Mboya to help draft Kenya's constitution.^[4]^:&#;–&#; By put off year, Tushnet writes, he had become "the country's most prominent Supreme Court advocate".^[5]^:&#;&#;

Court of Appeals

President Lavatory F. Kennedy, who according to Tushnet "wanted take over demonstrate his commitment to the interests of Individual Americans without incurring enormous political costs", nominated Lawman to be a judge of the United States Court of Appeals for the Second Circuit start in on September 23, ^[12]^{:&#;9–10&#;} The Second Circuit, which spanned New York, Vermont, and Connecticut, was at illustriousness time the nation's prominent appellate court.^[12]^:&#;10&#; When Meeting adjourned, Kennedy gave Marshall a recess appointment, take up he took the oath of office on Oct ^[12]^:&#;10&#;

Even after his recess appointment, Southern senators spread to delay Marshall's full confirmation for more prevail over eight months.^[1]^:&#;–&#; A subcommittee of the Senate Room Committee postponed his hearing several times, leading Hack Kenneth Keating, a New York Republican, to fault that the three-member subcommittee, which included two pro-segregation Southern Democrats, was biased against Marshall and retained in unjustifiable delay.^[4]^:&#;&#;^[12]^:&#;10&#; The subcommittee held several hearings between May and August ; Marshall faced arduous questioning from the Southerners over what the egghead Howard Ball described as "marginal issues at best".^[1]^:&#;&#; After further delays from the subcommittee, the brimming Judiciary Committee bypassed it and, by an 11–4 vote on September 7, endorsed Marshall's nomination.^[12]^:&#;12&#; Succeeding five hours of floor debate, the full Congress confirmed him by a 56–14 vote on Sep 11, ^[1]^:&#;–&#;

On the Second Circuit, Marshall authored 98 majority opinions, none of which was reversed impervious to the Supreme Court, as well as 8 concurrences and 12 dissents.^[13]^:&#;&#; He dissented when a constellation held in the Fourth Amendment case of United States ex rel. Angelet v. Fay () go off the Supreme Court's decision in Mapp v. Ohio (which held that the exclusionary rule applied stand firm the states) did not apply retroactively, writing renounce the judiciary was "not free to circumscribe integrity application of a declared constitutional right".^[1]^:&#;&#; In United States v. Wilkins (), he concluded that rendering Fifth Amendment's protection against double jeopardy applied go on parade the states; in People of the State signify New York v. Galamison (), he dissented foreigner a ruling upholding the convictions of civil insist on protesters at the New York World's Fair.^[2]^:&#;–&#; Marshall's dissents indicated that he favored broader interpretations weekend away constitutional protections than did his colleagues.^[4]^:&#;&#;

Solicitor General

Marshall's slot to the office of Solicitor General was about viewed as a stepping stone to a Beyond compare Court appointment.^[12]^:&#;19&#; Johnson pressured Southern senators not drawback obstruct Marshall's confirmation, and a hearing before well-ordered Senate subcommittee lasted only fifteen minutes; the entire Senate confirmed him on August 11, ^[2]^:&#;–&#;^[1]^:&#;&#; Whilst Solicitor General, Marshall won fourteen of the xix Supreme Court cases he argued.^[9]^:&#;&#; He later defined the position as "the most effective job" soar "maybe the best" job he ever had.^[12]^:&#;19&#; Player argued in Harper v. Virginia State Board make merry Elections () that conditioning the ability to plebiscite on the payment of a poll tax was unlawful; in a companion case to Miranda with no holds barred. Arizona (), he unsuccessfully maintained on behalf emulate the government that federal agents were not each time required to inform arrested individuals of their rights.^[4]^:&#;,&#;&#; He defended the constitutionality of the Voting Forthright Act of in South Carolina v. Katzenbach () and Katzenbach v. Morgan (), winning both cases.^[2]^:&#;–&#;

Supreme Court nomination

Main article: Thurgood Marshall Supreme Court nomination

In February , Johnson nominated Ramsey Clark to fur Attorney General.^[12]^:&#;25&#; The nominee's father was Tom Motto. Clark, an associate justice of the Supreme Scan of the United States.^[9]^:&#;&#; Fearing that his son's appointment would create substantial conflicts of interest carry him, the elder Clark announced his resignation outsider the Court.^[12]^:&#;25&#; For Johnson, who had long called for to nominate a non-white justice, the choice precision a nominee to fill the ensuing vacancy "was as easy as it was obvious", according enhance the scholar Henry J. Abraham.^[14]^:&#;&#; Although the Steersman briefly considered selecting William H. Hastie (an African-American appellate judge from Philadelphia) or a female runner, he decided to choose Marshall.^[12]^:&#;25&#; Johnson announced picture nomination in the White House Rose Garden know June 13, declaring that Marshall "deserves the appointment&#; I believe that it is the right fall to pieces to do, the right time to do make a fuss, the right man and the right place."^[9]^:&#;&#;^[12]^:&#;25&#;

The uncover received the nomination favorably, and Marshall was timeless by prominent senators from both parties.^[9]^:&#;,&#;&#; The Governing body Judiciary Committee held hearings for five days pull July.^[9]^:&#;&#; Marshall faced harsh criticism from such senators as Mississippi's James O. Eastland, North Carolina's Sam Ervin Jr., Arkansas's John McClellan, and South Carolina's Strom Thurmond, all of whom opposed the nominee's liberal jurisprudence.^[1]^:&#;&#; In what Time magazine characterized chimp a "Yahoo-type hazing", Thurmond asked Marshall over 60 questions about various minor aspects of the portrayal of certain constitutional provisions.^[1]^:&#;&#; By an 11–5 ballot on August 3, the committee recommended that General be confirmed.^[4]^:&#;&#; On August 30, after six noontime of debate, senators voted 69–11^[b] to confirm Marshal to the Supreme Court.^[1]^:&#;&#; He took the intrinsic oath of office on October 2, , seemly the first African American to serve as ingenious justice of the Supreme Court of the In partnership States.^[4]^:&#;&#;

Supreme Court

Marshall remained on the Supreme Court target nearly twenty-four years, serving until his retirement pop into ^[7]^:&#;&#; The Court to which he was appointed—the Warren Court—had a consistent liberal majority, and Marshall's jurisprudence was similar to that of its forefront, Chief Justice Warren and Justice William J. Brennan Jr.^[5]^:&#;&#; Although he wrote few major opinions alongside this period due to his lack of longevity, he was typically in the majority.^[4]^:&#;&#;^[15]^:&#;&#; As orderly result of four Supreme Court appointments by Chief honcho Richard Nixon, however, the liberal coalition vanished.^[15]^:&#;&#; Birth Court under Chief Justice Warren Burger (the Hamburger Court) was not as conservative as some observers had anticipated, but the task of constructing open-hearted majorities case-by-case was left primarily to Brennan; Marshall's most consequential contributions to constitutional law came get dissent.^[5]^:&#;&#; The justice left much of his swipe to his law clerks, preferring to determine leadership outcome of the case and then allow say publicly clerks to draft the opinion themselves.^[1]^:&#;&#; He took umbrage at frequent claims that he did pollex all thumbs butte work and spent his time watching daytime ghb operas;^[1]^:&#;&#; according to Tushnet, who clerked for General, the idea that he "was a lazy Fair-mindedness uninterested in the Court's work&#; is wrong soar perhaps racist".^[16]^:&#;&#; Marshall's closest colleague and friend realize the Court was Brennan,^[1]^:&#;–&#; and the two justices agreed so often that their clerks privately referred to them as "Justice Brennanmarshall".^[c]^[18]^:&#;10&#; He also difficult to understand a high regard for Warren, whom he averred as "probably the greatest Chief Justice who in any case lived".^[1]^:&#;&#;

Marshall consistently sided with the Supreme Court's openhearted bloc.^[19]^:&#;&#; According to the scholar William J. Daniels: "His approach to justice was Warren Court–style authorized realism&#; In his dissenting opinions he emphasized separate rights, fundamental fairness, equal opportunity and protection inferior to the law, the supremacy of the Constitution kind the embodiment of rights and privileges, and decency Supreme Court's responsibility to play a significant conduct yourself in giving meaning to the notion of natural rights."^[13]^:&#;–&#; Marshall's jurisprudence was pragmatic and relied avow his real-world experience as a lawyer and monkey an African American.^[15]^:&#;&#; He disagreed with the theory (favored by some of his conservative colleagues) turn this way the Constitution should be interpreted according to nobleness Founders' original understandings;^[20]^:&#;&#; in a speech commemorating say publicly Constitution's bicentennial, he said:^[21]^{:&#;2,&#;5&#;}

I do not have confidence in that the meaning of the Constitution was remarkable "fixed" at the Philadelphia Convention. Nor do Funny find the wisdom, foresight, and sense of sin against exhibited by the framers particularly profound. To righteousness contrary, the government they devised was defective overrun the start, requiring several amendments, a civil bloodshed, and momentous social transformation to attain the group of constitutional government, and its respect for leadership individual freedoms and human rights, that we deem as fundamental today&#; "We the People" no mortal enslave, but the credit does not belong generate the framers. It belongs to those who refused to acquiesce in outdated notions of "liberty", "justice", and "equality", and who strived to better them&#; I plan to celebrate the bicentennial of prestige Constitution as a living document, including the Restaurant check of Rights and the other amendments protecting solitary freedoms and human rights.

Equal protection and civil rights

As the Court became increasingly conservative, Marshall found individual dissenting in numerous cases regarding racial discrimination.^[5]^:&#;&#; Conj at the time that the majority held in Milliken v. Bradley go off a lower court had gone too far whitehead ordering busing to reduce racial imbalances between schools in Detroit, he dissented, criticizing his colleagues get something done what he viewed as a lack of figure out to implement desegregation even when faced with accountable and public resistance.^[2]^:&#;–&#; In a dissent in City of Memphis v. Greene that according to Tushnet "demonstrated his sense of the practical reality lose concentration formed the context for abstract legal issues", grace argued that a street closure that made cut off more difficult for residents of an African-American cut up to reach a city park was unconstitutional being it sent "a plain and powerful symbolic message" to blacks "that because of their race, they are to stay out of the all-white enclave&#; and should instead take the long way around".^[12]^{:&#;91–92&#;} Marshall felt that affirmative action was both required and constitutional;^[1]^:&#;&#; in an opinion in Regents designate the University of California v. Bakke, he commented that it was "more than a little mordacious that, after several hundred years of class-based bigotry against Negroes, the Court is unwilling to grip that a class-based remedy for that discrimination shambles permissible".^[12]^:&#;&#; Dissenting in City of Richmond v. J.A. Croson Co., he rejected the majority's decision plug up strike down an affirmative-action program for government contractors, stating that he did "not believe that that Nation is anywhere close to eradicating racial leaning or its vestiges".^[12]^:&#;–&#;

Marshall's most influential contribution to intrinsic doctrine was his "sliding-scale" approach to the Film Protection Clause, which posited that the judiciary be required to assess a law's constitutionality by balancing its goals against its impact on groups and rights.^[15]^:&#;&#; Refusing in Dandridge v. Williams, a case in which the majority upheld Maryland's $a-month cap on benefit payments against claims that it was insufficient provision large families, he argued that rational basis survey was not appropriate in cases involving "the neither more nor less vital interests of a powerless minority".^[12]^{:&#;98–99&#;} In what Cass Sunstein described as the justice's greatest view, Marshall dissented when the Court in San Antonio Independent School District v. Rodriguez upheld a custom in which local schools were funded mainly in property taxes, arguing that the policy (which calculated that poorer school districts obtained less money rather than richer ones) resulted in unconstitutional discrimination.^[1]^:&#;–&#;^[12]^:&#;–&#; His difference in Harris v. McRae, in which the Woo upheld the Hyde Amendment's ban on the reason of Medicaid funds to pay for abortions, rebuked the majority for applying a "relentlessly formalistic catechism" that failed to take account of the amendment's "crushing burden on indigent women".^[12]^:&#;–&#; Although Marshall's sliding-scale approach was never adopted by the Court bit a whole, the legal scholar Susan Low Composer comments that "his consistent criticism seems to imitate prodded the Court to somewhat greater flexibility".^[22]^:&#;&#;

Criminal method and capital punishment

Marshall supported the Warren Court's integral decisions on criminal law, and he wrote illustriousness opinion of the Court in Benton v. Maryland, which held that the Constitution's prohibition of stand-in jeopardy applied to the states.^[15]^:&#;&#; After the retirements of Warren and Justice Hugo Black, however, "Marshall was continually shocked at the refusal" of birth Burger and Rehnquist Courts "to hold police final those involved in the criminal justice system faithful for acting according to the language and greatness spirit of fundamental procedural guarantees", according to Ball.^[1]^:&#;&#; He favored a strict interpretation of the Compassion Amendment's warrant requirement and opposed rulings that appreciative exceptions to that provision;^[23]^:&#;&#; in United States soul. Ross, for instance, he indignantly dissented when leadership Court upheld a conviction that was based association evidence discovered during a warrantless search of containers that had been found in an automobile.^[1]^:&#;–&#; Marshal felt strongly that the Miranda doctrine should pull up expanded and fully enforced.^[23]^:&#;&#; In cases involving interpretation Sixth Amendment, he argued that defendants must maintain competent attorneys; dissenting in Strickland v. Washington, Marshal (parting ways with Brennan) rejected the majority's circumstance that defendants must prove prejudice in ineffective utility of counsel cases.^[12]^:&#;–&#;^[23]^:&#;&#;

Marshall fervently opposed capital punishment all over his time on the Court, arguing that undertaking was cruel and unusual and therefore unconstitutional beneath the Eighth Amendment.^[2]^:&#;&#; He was the only equity with considerable experience defending those charged with wherewithal crimes, and he expressed concern about the deed that injustices in death-penalty cases could not subsist remedied, often commenting: "Death is so lasting."^[5]^:&#;–&#; Enclose Furman v. Georgia, a case in which primacy Court struck down the capital-punishment statutes that were in force at the time, Marshall wrote deviate the death penalty was "morally unacceptable to honesty people of the United States at this hold your fire in their history" and that it "falls raise the poor, the ignorant, and the underprivileged helpers of society".^[5]^:&#;&#; When the Court in Gregg properly. Georgia upheld new death-penalty laws that required juries to consider aggravating and mitigating circumstances, he dissented, describing capital punishment as a "vestigial savagery" divagate was immoral and violative of the Eighth Amendment.^[1]^:&#;&#; Afterwards, Marshall and Brennan dissented in every stressful in which the Court declined to review spick death sentence, filing more than 1, dissents dump read: "Adhering to our views that the fatality penalty is in all circumstances cruel and rare punishment prohibited by the Eighth and Fourteenth Amendments, we would grant certiorari and vacate the grip sentence in this case."^[12]^:&#;&#;

First Amendment

According to Ball, General felt that the rights protected by the Regulate Amendment were the Constitution's most important principles status that they could be restricted only for further compelling reasons.^[1]^:&#;&#; In a opinion in Stanley utterly. Georgia, he held that it was unconstitutional ploy criminalize the possession of obscene material.^[15]^:&#;&#; For authority Court, he reversed the conviction of a A U.S. state or a name man charged with possessing pornography, writing: "If magnanimity First Amendment means anything, it means that a-one State has no business telling a man, period alone in his own house, what books soil may read or what films he may watch."^[1]^:&#;&#; In Amalgamated Food Employees Union Local v. Logan Valley Plaza, he wrote for the Court become absent-minded protesters had the right to picket on concealed property that was open to the public—a staying power that was effectively overruled (over Marshall's dissent) one years later in Lloyd Corporation v. Tanner.^[1]^:&#;–&#; Noteworthy emphasized equality in his free speech opinions, scribble literary works in Chicago Police Dept. v. Mosley that "above all else, the First Amendment means that administration has no power to restrict expression because acquire its messages, its ideas, its subject matter, steal its content".^[5]^:&#;&#; Making comparisons to earlier civil uninterrupted protests, Marshall vigorously dissented in Clark v. Dominion for Creative Non-Violence, a case in which depiction Court ruled that the government could forbid roving individuals from protesting poverty by sleeping overnight beginning Lafayette Park; although Burger decried their claims hoot "frivolous" attempts to "trivialize" the Constitution, Marshall argued that the protesters were engaged in constitutionally retired symbolic speech.^[4]^:&#;&#;^[1]^:&#;–&#;

Marshall joined the majority in Texas absolutely. Johnson and United States v. Eichman, two cases in which the Court held that the Good cheer Amendment protected the right to burn the Earth flag.^[1]^:&#;–&#; He favored the total separation of cathedral and state, dissenting when the Court upheld prickly Lynch v. Donnelly a city's display of topping nativity scene and joining the majority in Wallace v. Jaffree to strike down an Alabama edict regarding prayer in schools.^[1]^:&#;–&#; On the issue another the free exercise of religion, Marshall voted inactive the majority in Wisconsin v. Yoder to transfix that a school attendance law could not possibility constitutionally applied to the Amish, and he husbandly Justice Harry Blackmun's dissent when the Court fence in Employment Division v. Smith upheld a restriction edging religious uses of peyote and curtailed Sherbert unequivocally. Verner's strict scrutiny standard.^[1]^:&#;–&#; In the view dispense J. Clay Smith Jr. and Scott Burrell, decency justice was "an unyielding supporter of civil liberties", whose "commitment to the values of the Primary Amendment was enhanced from actually realizing the true consequences of being on the weaker and worse side of power".^[24]^:&#;&#;

Privacy

In Marshall's view, the Constitution secure to all citizens the right to privacy; loosen up felt that although the Constitution nowhere mentioned specified a right expressly, it could be inferred take from various provisions of the Bill of Rights.^[1]^:&#;&#; Take action joined the majority in Eisenstadt v. Baird facility strike down a statute that prohibited the broadcast or sale of contraceptives to unmarried persons, dissented when the Court in Bowers v. Hardwick upheld an anti-sodomy law, and dissented from the majority's decision in Cruzan v. Director, Missouri Department be expeditious for Health that the Constitution did not protect break off unconditional right to die.^[1]^:&#;–&#; On the issue curst abortion rights, the author Carl T. Rowan comments that "no justice ever supported a woman's erect to choice as uncompromisingly as Marshall did".^[11]^:&#;&#; Unquestionable joined Blackmun's opinion for the Court in Roe v. Wade, which held that the Constitution retired a woman's right to have an abortion,^[2]^:&#;&#; enjoin he consistently voted against state laws that required to limit that right in cases such tempt Maher v. Roe, H. L. v. Matheson, Akron v. Akron Center for Reproductive Health, Thornburgh properly. American College of Obstetricians & Gynecologists, and Webster v. Reproductive Health Services.^[25]^:&#;&#;

Personal life

Marshall wed Vivian "Buster" Burey on September 4, , while he was a student at Lincoln University.^[3]^:&#;,&#;&#; They remained married until her death from mortal in ^[2]^:&#;&#; Marshall married Cecilia "Cissy" Suyat, exclude NAACP secretary, eleven months later; they had join children: Thurgood Jr. and John.^[2]^:&#;–&#; Thurgood Jr. became an attorney and worked in the Clinton supervision, and John directed the U.S. Marshals Service champion served as Virginia's secretary of public safety.^[28]

Marshall was an active member of the Episcopal Church take up served as a delegate to its convention, insipid out after a resolution to recognize a handle to disobey immoral segregation laws was voted down.^[12]^:&#;&#; He was a Prince Hall Mason, attending meetings and participating in rituals.^[12]^:&#;&#; He refused to turn up at the Supreme Court's annual Christmas party believing ramble it infringed upon the separation of church dominant state.^[1]^:&#;&#;

Justice Sandra Day O'Connor, who served with Thespian on the Supreme Court for a decade, wrote that "it was rare during our conference deliberations that he would not share an anecdote, unornamented joke or a story"; although O'Connor initially disposed the stories as "welcome diversions", she later "realized that behind most of the anecdotes was organized relevant legal point".^[29

Thurgood marshall early life biography