According to academic Daniel Moak, Marshall “profoundly shaped the political leadership of the United States,” “changed constitutional law,” and “opened up new facets of citizenship for black Americans.” [33]: 411 For Tushnet, he was “probably the most important American lawyer of the twentieth century”; [5] : 1498 according to the political scientist Robert C. The Topeka Board of Education was a landmark 1954 Supreme Court case in which judges unanimously ruled that racial segregation of children in public schools was unconstitutional. Brown vs. Board of Education was one of the cornerstones of the civil rights movement. Houston returned to Washington in 1938 and Marshall assumed his position as special adviser the following year. [7]: 26 He also became a director-counsel of the NAACP Legal Defense and Educational Fund Inc. (the Inc. Fund), which was established as a separate agency for tax purposes. [7]: 27 In addition to pleading and hearing cases before the Supreme Court, he was responsible for fundraising, the administration of the Inc Fund and the conduct of public relations. [7]: 27 Marshall tried a number of cases involving unequal wages for African Americans and earned almost all of them; By 1945, he had ended the wage gap in the major cities of the South and had earned a reputation as a leading figure in the civil rights movement.
[5]: 1500 He also defended people who had been accused of crimes both before the courts of first instance and before the Supreme Court. [5]: 1500 Of the thirty-two civil rights cases Marshall tried before the Supreme Court, he won twenty-nine. [8]: 598 He and W. J. Durham wrote the letter in Smith v. Allwright (1944), in which the court declared the white primary unconstitutional, and he successfully argued both Morgan v. Virginia (1946), which dealt with racial segregation in interstate buses and a related case to Shelley v. Kraemer (1948), with racially restrictive alliances. [9]: 31-32, 42-43, 53-57 In February 1967, Johnson appointed Ramsey Clark attorney general. [11]: 25 The candidate`s father was Tom C.
Clark, an associate justice of the U.S. Supreme Court. [9]: 150 Fearing that his son`s appointment would lead to significant conflicts of interest for him, Elder Clark announced his resignation from the court. [11]: 25 For Johnson, who had long wanted to appoint a non-white judge, choosing a candidate to fill the next vacancy was “as simple as it was obvious,” according to researcher Henry J. Abraham. [13]: 219 Although the president briefly considered choosing William Hastie (an African-American appeals judge from Philadelphia) or a candidate, he decided to elect Marshall. [11]: 25 Johnson announced the appointment on June 13 in the White House rose garden, declaring that Marshall “deserves the nomination.” I believe it`s the right thing to do, the right time to do it, the right man and the right place. [9]: 151 [11]: 25 In 1992, a lawsuit against Pennsylvania`s abortion control law reached the Supreme Court in a case called Planned Parenthood of Southeastern Pennsylvania v.
Casey. However, the Court upheld the landmark decision in Roe v. Wade that allowed states to adopt more restrictions on abortion as long as they did not constitute an “unreasonable burden.” In the years following 1945, Marshall resumed his offensive against racial segregation in schools. [5]: 1501 With his colleagues at the Inc Fund, he developed a strategy that emphasized the inherent educational differences caused by segregation, rather than the physical differences between schools for blacks and whites. [5]: 1501 The court ruled in marshall`s favor in Sipuel v. Board of Regents of the University of Oklahoma (1948), ordering that Oklahoma provide Ada Lois Sipuel with legal training, although judges refused to order her admission to state law school for whites. [7]: 129–130 In 1950, Marshall brought two educational cases before the Court: McLaurin v. Oklahoma State Regents, which was George W. McLaurin`s challenge to unequal treatment at the University of Oklahoma Graduate School, and Sweatt v. Painter, who was Heman Sweatt`s challenge to have to attend a black law school in Texas.
[2]: 142-145 The Supreme Court ruled in favor of McLaurin and Sweatt on the same day; Although the judges did not override Plessy and the separate but equal doctrine, they opposed discrimination against African-American students and school provisions for blacks that were inferior to those for whites. [2]: 145-146 In June 1970, a Texas District Court ruled that the state`s ban on abortion was illegal because it violated a constitutional right to privacy. After that, Wade said he would continue to prosecute doctors who had performed abortions. Norma McCorvey held back after the court`s decision, but in the 1980s she was active in the abortion rights movement. Marshall`s most influential contribution to constitutional doctrine was his “slippery” approach to the equal protection clause, which postulated that the judiciary should assess the constitutionality of a law by weighing its objectives in relation to its impact on groups and rights. [15]: 336 Dissenting in Dandridge v. Williams, a case in which the majority maintained Maryland`s $250-a-month cap on social benefits against allegations that they were insufficient for large families, argued that a rational examination of the basis was not appropriate in cases involving “the literally vital interests of an impotent minority.” [11]: 98-99 In what Cass Sunstein called the judge`s greatest opinion, Marshall disagreed when the court in San Antonio Independent School District v. Rodriguez stuck to a system in which local schools were funded primarily by property taxes, arguing that policies (meaning the poorest school districts received less money than the richest) resulted in unconstitutional discrimination. [1]: 224–225 [11]: 100–101 Breast Dissens in Harris v.