Bilal Ali Productions Remember’s Thurgood Marshall
Feb 1st, 2012 by Bilal Ali
Born in Baltimore, Maryland on July 2, 1908, Thurgood Marshall was the grandson
of a slave. His father, William Marshall, instilled in him from youth an appreciation
for the United States Constitution and the rule of law. After completing high School
in 1925, Thurgood followed his brother, William Aubrey Marshall, at the historically
black Lincoln University in Chester County, Pennsylvania. His classmates at Lincoln
included a distinguished group of future Black leaders such as the poet and author
Langston Hughes, the future President of Ghana, Kwame Nkrumah, and musician
Cab Calloway. Just before graduation, he married his first wife, Vivian “Buster”
Burey. Their twenty-five year marriage ended with her death from cancer in 1955.
n 1930, he applied to the University of Maryland Law School, but was denied
admission because he was Black. This was an event that was to haunt him
and direct his future professional life. Thurgood sought admission and
was accepted at the Howard University Law School that same year and
came under the immediate influence of the dynamic new dean, Charles
Hamilton Houston, who instilled in all of his students the desire to
apply the tenets of the Constitution to all Americans. Paramount in
Houston’s outlook was the need to overturn the 1898 Supreme
Court ruling, Plessy v. Ferguson which established the legal doctrin
e called, “separate but equal.” Marshall’s first major court case came
in 1933 when he successfully sued the University of Maryland to
admit a young African American Amherst University graduate
named Donald Gaines Murray. Applauding Marshall’s victory,
author H.L. Mencken wrote that the decision of denial by the
University of Maryland Law School was “brutal and absurd,” and
they should not object to the “presence among them of a
self-respecting and ambitious young Afro-American well
prepared for his studies by four years of hard work in a class A college.”
hurgood Marshall followed his Howard University mentor, Charles Hamilton
Houston to New York and later became Chief Counsel for the National
Association for the Advancement of Colored People (NAACP). During this
period, Mr. Marshall was asked by the United Nations and the United
Kingdom to help draft the constitutions of the emerging African nations of
Ghana and what is now Tanzania. It was felt that the person who so
successfully fought for the rights of America’s oppressed minority would
be the perfect person to ensure the rights of the White citizens in these
two former European colonies. After amassing an impressive record of
Supreme Court challenges to state-sponsored discrimination, including
the landmark Brown v. Board decision in 1954, President John F. Kennedy
appointed Thurgood Marshall to the U.S. Court of Appeals for the Second
Circuit. In this capacity, he wrote over 150 decisions including support fo
r the rights of immigrants, limiting government intrusion in cases involving
illegal search and seizure, double jeopardy, and right to privacy issues.
Biographers Michael Davis and Hunter Clark note that, “none of his
(Marshall’s) 98 majority decisions was ever reversed by the Supreme Court
.” In 1965 President Lyndon Johnson appointed Judge Marshall to the office
of U.S. Solicitor General. Before his subsequent nomination to the United
States Supreme Court in 1967, Thurgood Marshall won 14 of the 19 case
s he argued before the Supreme Court on behalf of the government. Indeed,
Thurgood Marshall represented and won more cases before the United States
Supreme Court than any other American.
Until his retirement from the highest court in the land, Justice Marshall
established a record for supporting the voiceless American. Having
honed his skills since the case against the University of Maryland, he
developed a profound sensitivity to injustice by way of the crucible of
racial discrimination in this country. As an Associate Supreme Court
Justice, Thurgood Marshall leaves a legacy that expands that early
sensitivity to include all of America’s voiceless. Justice Marshall
died on January 24, 1993.




