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Thurgood Marshall

(July 2, 1908 – January 24, 1993)

 
Thurgood Marshall  was an American jurist and the first African American to serve on the Supreme Court of the United States.

 

Marshall was born in Baltimore, Maryland, on July 2, 1908. His original name was Thoroughgood but he shortened it to Thurgood in second grade. His father, William Marshall, instilled in him an appreciation for the Constitution of the United States and the rule of law. Additionally, as a child, he was punished for his school misbehavior by being forced to read the Constitution, which he later said piqued his interest in the document. Marshall was the grandson of a slave.

Marshall was married twice; to Vivian "Buster" Burey from 1929 until her death from cancer in February 1955 and to Cecilia "Cissy" Suyat from December 1955 until his death in 1993. Marshall had two sons from his second marriage[1]; Thurgood Marshall Jr., a former top aide to President Bill Clinton. His son, John W. Marshall, is a former United States Marshals Service Director, and since 2002 has served as Virginia Secretary of Public Safety under Governors Mark Warner and Tim Kaine.


Education
Marshall graduated from Lincoln University, PA in 1930. Afterward, Marshall wanted to apply to his hometown law school at the University of Maryland School of Law, but the dean told him that he shouldn't bother because he would not be accepted due to the school's segregation policy. Later, as a civil rights litigator, he successfully sued the school for this policy in the case Murray v. Pearson. Instead, Marshall sought admission and was accepted at Howard University. He was influenced by its dynamic new dean, Charles Hamilton Houston, who instilled in his students the desire to apply the tenets of the Constitution to all Americans.

Marshall was a member of Alpha Phi Alpha, the first intercollegiate Black Greek-letter fraternity, established by African American students in 1906.


Murray v. Pearson
Marshall received his law degree from Howard in 1933, and set up a private practice in Baltimore. The following year, he began working with the Baltimore NAACP. He won his first major civil rights case, Murray v. Pearson, 169 Md. 478 (1936). This involved the first attempt to chip away at Plessy v. Ferguson, a plan created by his co-counsel on the case Charles Hamilton Houston. Marshall represented Donald Gaines Murray, a black Amherst College graduate with excellent credentials who had been denied admission to the University of Maryland Law School because of its separate but equal policies. This policy required black students to accept one of three options, attend: Morgan College, the Princess Anne Academy, or out-of-state black institutions. In 1935, Thurgood Marshall argued the case for Murray, showing that neither of the in-state institutions offered a law school and that such schools were entirely unequal to the University of Maryland. Marshall and Houston expected to lose and intended to appeal to the federal courts. The Maryland Court of Appeals ruled against the state of Maryland and its Attorney General, who represented the University of Maryland, stating "Compliance with the Constitution cannot be deferred at the will of the state. Whatever system is adopted for legal education now must furnish equality of treatment now". Because the state did not appeal the ruling in the federal courts, this state ruling under the U.S. Constitution was the first to overturn Plessy. While it was a moral precedent, it had no authority outside the state of Maryland.


George E.C. Hayes, Thurgood Marshall, and James Nabrit, congratulating each other, following Supreme Court decision declaring segregation unconstitutional[edit]
Chief Counsel for the NAACP
Marshall won his first Supreme Court case, Chambers v. Florida, 309 U.S. 227 (1940). That same year, at the age of 32, he was appointed Chief counsel for the NAACP. He argued many other cases before the Supreme Court, most of them successfully, including Smith v. Allwright, 321 U.S. 649 (1944); Shelley v. Kraemer, 334 U.S. 1 (1948); Sweatt v. Painter, 339 U.S. 629 (1950); and McLaurin v. Oklahoma State Regents, 339 U.S. 637 (1950). His most famous case as a lawyer was Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), the case in which the Supreme Court ruled that "separate but equal" public education was unconstitutional because it could never be truly equal. In total, Marshall won 29 out of the 32 cases he argued before the Supreme Court.

During the 1950s, Marshall developed a friendly relationship with J. Edgar Hoover, the director the Federal Bureau of Investigation. In 1956, for example, he privately praised Hoover's campaign to discredit T.R.M. Howard, a maverick civil rights leader from Mississippi. During a national speaking tour, Howard had criticized the FBI's failure to seriously investigate cases such as the 1955 murders of George W. Lee and Emmett Till. Ironically, two years earlier Howard had arranged for Marshall to deliver a well-received speech at a rally of his Regional Council of Negro Leadership in Mound Bayou, Mississippi only days before the Brown decision.

President John F. Kennedy appointed Marshall to the United States Court of Appeals for the Second Circuit in 1961. A group of Democratic Party Senators led by Mississippi's James Eastland and West Virginia's Robert Byrd held up his confirmation, so he served for the first several months under a recess appointment. Marshall remained on that court until 1965, when President Lyndon B. Johnson appointed him Solicitor General.


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