Thurgood Marshall
Born 1908 · Age 117
American civil rights lawyer and jurist; first African-American U.S. Supreme Court Justice (1967–1991). Architect of litigation strategy that ended state‑sanctioned school segregation, longtime director-counsel of the NAACP Legal Defense and Educational Fund, U.S. Court of Appeals judge, U.S. Solicitor General, and Supreme Court justice.
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Life & Career Timeline
Born in Baltimore, Maryland
Thoroughgood Marshall (later known as Thurgood) was born to Norma and William Canfield Marshall in Baltimore.
Family moved to New York City (approx.)
Marshall's family moved to New York City seeking better work opportunities not long after his birth (they returned to Baltimore when he was six). Date approximate based on biographical account.
Family returned to Baltimore (approx.)
Marshall's family returned to Baltimore when he was about six years old. Date approximate.
Graduated Colored High and Training School (Frederick Douglass HS)
Marshall graduated with honors from the Colored High and Training School in Baltimore.
Married Vivian Burey
Marshall married Vivian "Buster" Burey while a student at Lincoln University.
Rejected by University of Maryland Law School due to race
After Lincoln, Marshall attempted to attend the University of Maryland Law School but was denied admission because he was Black.
Graduated Lincoln University (BA)
Marshall graduated with honors from Lincoln University in Pennsylvania with a bachelor's in American literature and philosophy.
Entered Howard University School of Law; mentored by Charles Hamilton Houston
Marshall matriculated at Howard Law and became a protégé of Charles Hamilton Houston, who taught legal strategies for social change.
Opened private law practice in Baltimore
After law school Marshall opened a private practice in Baltimore, which initially struggled financially as he did much pro bono/community work.
Graduated Howard University School of Law (LLB), ranked first; passed Maryland bar
Marshall graduated first in his class from Howard Law in June 1933 and passed the Maryland bar later that year.
Won Murray v. Pearson (University of Maryland law‑school case)
Marshall successfully sued the University of Maryland on behalf of Donald Gaines Murray; Maryland courts ordered Murray admitted—an early legal victory against segregation in education.
Joined NAACP legal staff under Charles Hamilton Houston
Marshall moved to New York to work as an assistant to Charles Hamilton Houston (NAACP special counsel), joining the national civil rights legal effort.
Worked on Missouri ex rel. Gaines v. Canada (Supreme Court victory)
Marshall helped prepare the brief in Gaines v. Canada, in which the Supreme Court held that Missouri must provide an equal law‑school education to Black applicants if it provided one to whites.
Assumed role as NAACP special counsel
After Houston returned to Washington in 1938, Marshall assumed Houston's position as special counsel (circa 1939) and took on more leadership responsibilities.
Became member, ACLU Board of Directors
Marshall served on the ACLU Board from 1939 through 1947, aligning with the faction favoring strong civil‑liberties protections.
Became LDF's primary strategist and leader (1940–1961)
As director‑counsel of the NAACP Legal Defense and Educational Fund, Marshall coordinated a nationwide litigation strategy challenging segregation and oversaw hundreds of cases.
Founded NAACP Legal Defense and Educational Fund (LDF); named director‑counsel
Marshall founded the NAACP LDF in 1940 (created as a separate organization for tax purposes) and served as its first director‑counsel, leading national litigation strategy against segregation.
Won Smith v. Allwright (white primary declared unconstitutional)
Marshall (with W. J. Durham) wrote the brief and won Smith v. Allwright, which ruled that states could not exclude Black voters from primary elections.
Won Morgan v. Virginia (segregation on interstate buses)
Marshall successfully argued Morgan v. Virginia, which challenged segregation on interstate transportation.
Ended ACLU Board service
Marshall's tenure on the ACLU Board of Directors concluded in 1947 (service 1939–1947).
Won Shelley v. Kraemer and Sipuel v. Board (housing covenants; law‑school access)
Marshall prevailed in Shelley v. Kraemer (striking down enforcement of racially restrictive covenants) and won Sipuel v. Board of Regents (requiring Oklahoma provide legal education access).
Milestone: 29 of 32 Supreme Court wins (career statistic)
By mid‑century Marshall had argued 32 civil‑rights cases before the Supreme Court and won 29, establishing national reputation.
Won Sweatt v. Painter and McLaurin v. Oklahoma (higher‑education segregation challenges)
Marshall won two companion cases in 1950 that rejected exclusion and inferior separate facilities for Black graduate and professional students.
Argued Brown v. Board (first round) before U.S. Supreme Court
The consolidated school‑segregation cases were argued in December 1952; Marshall emphasized sociological and psychological evidence showing inherent harms of segregation.
Brown v. Board reargument
Following internal Court disagreements, Brown was reargued in late 1953 (Marshall again argued for overturning 'separate but equal').
Brown v. Board of Education decision (landmark victory)
Supreme Court issued unanimous opinion (Chief Justice Earl Warren) declaring 'separate but equal' unconstitutional in public education; Marshall's most famous legal victory.
Brown II (remedy) decision and Marshall sought prompt integration
In 1955 the Court ordered desegregation to proceed 'with all deliberate speed' (Marshall had argued for a prompt schedule and was disappointed by the vagueness).
Death of first wife Vivian Burey; remarriage to Cecilia Suyat (11 months later)
Vivian Burey died of cancer in 1955; Marshall married Cecilia 'Cissy' Suyat roughly eleven months after Vivian's death.
Births/career paths of children (family milestone)
Marshall had two children with Cecilia Suyat—Thurgood Jr. and John. (Biographies note both later public‑service careers: Thurgood Jr. became an attorney and worked in the Clinton administration; John directed the U.S. Marshals Service and served as Virginia's Secretary of Public Safety.) Dates for children's births and their career milestones are not specified in the provided text.
Cooper v. Aaron (Little Rock) victory
Marshall successfully argued Cooper v. Aaron (1958), which reaffirmed that states must follow Supreme Court desegregation orders, countering Arkansas resistance.
Helped draft independent Kenya's constitution (invitation from Tom Mboya)
Marshall accepted an invitation to assist with drafting Kenya's constitution as part of international legal consultancy work.
Left LDF to join federal bench (end of directorship)
Marshall served as LDF director‑counsel until his federal judicial appointment (left the post upon Second Circuit appointment/recess appointment in 1961).
Authored numerous opinions on the Second Circuit
While on the Second Circuit Marshall authored dozens of opinions (sources cite 98 majority opinions none reversed; LDF cites 112 opinions).
Second Circuit tenure (in office Oct. 5, 1961 – Aug. 23, 1965)
Marshall served on the U.S. Court of Appeals for the Second Circuit, authoring many opinions and registering several notable dissents reflecting broader constitutional protections.
Nominated to U.S. Court of Appeals for the Second Circuit (by JFK)
President John F. Kennedy nominated Marshall to the newly created Second Circuit seat on Sept. 23, 1961; Senate confirmation was delayed by Southern senators.
Recess appointment to Second Circuit; took oath
Marshall received a recess appointment from JFK and took the oath of office on Oct. 23, 1961 to serve on the Second Circuit.
Confirmed by Senate to Second Circuit (vote 56–14)
After months of delayed hearings, the full Senate confirmed Marshall by a 56–14 vote on Sept. 11, 1962.
Delegate to Episcopal Church convention; walked out over refusal to recognize right to disobey immoral segregation laws
Marshall served as a delegate in 1964 and protested the church's failure to endorse civil‑disobedience rights in segregation matters.
Won 14 of 19 cases argued before the Supreme Court as Solicitor General
Marshall later reported having prevailed in 14 of the 19 cases he argued as U.S. Solicitor General.
Confirmed as U.S. Solicitor General (by Senate)
President Lyndon B. Johnson nominated Marshall as U.S. Solicitor General; the Senate confirmed him on Aug. 11, 1965 after a brief subcommittee hearing.
Took office as U.S. Solicitor General
Marshall served as Solicitor General from Aug. 23, 1965 to Aug. 30, 1967, representing the U.S. government before the Supreme Court.
Argued Harper v. Virginia State Board of Elections (poll tax struck down)
As Solicitor General, Marshall argued Harper v. Virginia State Board of Elections (1966), successfully challenging the poll tax in state elections.
Defended Voting Rights Act in Supreme Court (Katzenbach cases)
Marshall successfully defended the Voting Rights Act in South Carolina v. Katzenbach and Katzenbach v. Morgan (1966) while Solicitor General.
Recognized as the Supreme Court's first African‑American justice
Upon taking his oath in Oct. 1967, Marshall became the first Black justice in the history of the U.S. Supreme Court—a historic recognition and milestone.
Senate confirmation votes and hearings (facing Southern opposition)
Marshall's Supreme Court confirmation process included extensive questioning from segregationist Southern senators; committee and floor votes were 11–5 and 69–11 respectively.
Nominated to U.S. Supreme Court (by Lyndon B. Johnson)
President Johnson nominated Marshall to replace Justice Tom C. Clark on June 13, 1967, announcing it publicly in the White House Rose Garden.
Senate Judiciary Committee recommended confirmation (vote 11–5)
After five days of hearings, the Senate Judiciary Committee recommended Marshall's confirmation by an 11–5 vote on Aug. 3, 1967.
Confirmed by U.S. Senate to Supreme Court (69–11)
Marshall was confirmed by the Senate on Aug. 30, 1967, by a vote of 69 to 11, becoming the first African‑American associate justice.
Took constitutional oath as Associate Justice of the U.S. Supreme Court
Marshall took the oath of office on Oct. 2, 1967, officially beginning his service as the first Black Supreme Court justice.
Authored majority: Amalgamated Food Employees Union v. Logan Valley Plaza
Marshall wrote the Court's opinion recognizing certain picketing rights on private property open to the public (later limited by Lloyd Corp.).
Authored opinion in Stanley v. Georgia (private possession protected)
Marshall wrote the majority opinion holding that private possession of obscene materials could not be criminalized under First Amendment/Privacy principles.
Authored Benton v. Maryland (double jeopardy applies to states)
Marshall wrote the Court's opinion in Benton v. Maryland holding the Fifth Amendment double jeopardy protection applicable to the states (important criminal‑procedure ruling).
Dissented with Brennan in >1,400 death‑penalty non‑review cases
Marshall and Justice Brennan filed more than 1,400 dissents in cases where the majority refused to review death sentences, reflecting steadfast opposition to capital punishment.
Recorded jurisprudential statistics (later‑career totals)
Over his Supreme Court tenure Marshall participated in over 3,400 cases and authored approximately 322 majority opinions (career totals reported in biographies).
Furman v. Georgia (opposed capital punishment; wrote about cruelty)
In the Court's decision that struck down existing death‑penalty statutes, Marshall argued that capital punishment was 'morally unacceptable' and cruel and unusual.
Joined majority in Roe v. Wade (abortion rights)
Marshall joined Justice Blackmun's opinion for the Court in Roe v. Wade, supporting a constitutional right to abortion.
United States v. Nixon (participated in unanimous ruling)
Marshall was part of the unanimous Court that rejected claims of absolute executive privilege and ordered release of Nixon tapes.
Dissented in Gregg v. Georgia (upheld new capital‑punishment statutes)
Marshall dissented after the Court upheld reformed death‑penalty statutes; he continued to oppose capital punishment strongly.
Dissented in Regents of University of California v. Bakke (affirmative action case)
Marshall wrote a notable dissent in Bakke, arguing that remedial race‑conscious measures were permissible given the history of discrimination.
Joined majority in Texas v. Johnson/United States v. Eichman (flag burning protected)
Marshall joined the Court's rulings that flag burning was protected speech under the First Amendment.
Participated in Employment Division v. Smith and related religious‑liberty issues
Marshall dissented/joined opinions in cases shaping free‑exercise doctrine as the Court reconsidered Sherbert strict scrutiny standards.
Known as 'The Great Dissenter' (public recognition of jurisprudential role)
By the end of his tenure Marshall was widely recognized as 'the Great Dissenter' for his prolific and principled dissents as the Court moved conservative.
Announced retirement from Supreme Court
Marshall announced his intent to retire (citing ill health and age) on June 27, 1991 after nearly 24 years on the Court.
Retirement effective; seat later filled by Clarence Thomas
Marshall's retirement took effect Oct. 1, 1991. President George H. W. Bush nominated Clarence Thomas to replace him.
Burial at Arlington National Cemetery
Marshall's final resting place is Arlington National Cemetery (posthumous burial/commemoration).
Died in Bethesda, Maryland
Thurgood Marshall died on Jan. 24, 1993 at age 84; he was later interred at Arlington National Cemetery.
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