Editing Thurgood Marshall (section)

==Legal career==
Marshall started a law practice in Baltimore, but it was not financially successful, partially because he spent much of his time working for the benefit of the community.<ref name="Tushnet-1997a" />{{Rp|page=1499}} He volunteered with the Baltimore branch of the [[NAACP|National Association for the Advancement of Colored Persons]] (NAACP).<ref name="Bloch-1993">{{Cite book |last=Bloch |first=Susan Low |url=https://archive.org/details/supremecourtjust0000unse |title=Supreme Court Justices: Illustrated Biographies |publisher=[[CQ Press]] |year=1993 |isbn=978-1-60871-832-0 |editor-last=Cushman |editor-first=Clare |location=Washington, DC |pages=476–480 |language=en |chapter=Thurgood Marshall |author-link=Susan Low Bloch}}</ref>{{Rp|page=477}} In 1935, Marshall and Houston brought suit against the University of Maryland on behalf of [[Donald Gaines Murray]], an African American whose application to the university's law school had been rejected on account of his race.<ref name="Davis-1992" />{{Rp|page=78}}<ref name="Gibson-2012" />{{Rp|pages=237–238}} In that case—''[[Murray v. Pearson]]''—Judge [[Eugene O'Dunne]] ordered that Murray be admitted, and the [[Maryland Court of Appeals]] affirmed, holding that it violated [[Equal Protection Clause|equal protection]] to admit white students to the law school while keeping blacks from being educated in-state.<ref name="Gibson-2012" />{{Rp|pages=231, 246, 256}} The decision was never [[appeal]]ed to the [[Supreme Court of the United States]] and therefore did not apply nationwide, but it pleased Marshall, who later said that he had filed the lawsuit "to get even with the bastards" who had kept him from attending the school himself.<ref name="Ball-1998" />{{Rp|page=47}}

[[File:NAACP leaders with poster NYWTS.jpg|thumb|NAACP leaders [[Henry L. Moon]], [[Roy Wilkins]], [[Herbert Hill (labor director)|Herbert Hill]], and Thurgood Marshall in 1956]]

In 1936, Marshall joined Houston, who had been appointed as the NAACP's special counsel, in New York City, serving as his assistant.<ref name="Bloch-1993" />{{Rp|page=477}}<ref name="Tushnet-1994">{{Cite book |last=Tushnet |first=Mark V. |url=https://archive.org/details/makingcivilright0000tush |title=Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936–1961 |publisher=[[Oxford University Press]] |year=1994 |isbn=978-0-19-508412-2 |location=New York |author-link=Mark Tushnet}}</ref>{{Rp|page=19}} They worked together on the landmark case of ''[[Missouri ex rel. Gaines v. Canada]]'' (1938)''.''<ref name="Bloch-1993" />{{Rp|page=477}} When [[Lloyd L. Gaines|Lloyd Lionel Gaines]]'s application to the [[University of Missouri School of Law|University of Missouri's law school]] was rejected on account of his race, he filed suit, arguing that his equal-protection rights had been violated because he had not been provided with a legal education substantially equivalent to that which white students received.<ref name="Davis-1992" />{{Rp|pages=92–93}} After Missouri courts rejected Gaines's claims, Houston—joined by Marshall, who helped to prepare the brief—sought review in the U.S. Supreme Court.<ref name="Davis-1992" />{{Rp|page=94}}<ref name="Tushnet-1994" />{{Rp|page=70}} They did not challenge the Court's decision in ''[[Plessy v. Ferguson]]'' (1896), which had accepted the "[[separate but equal]]" doctrine; instead, they argued that Gaines had been denied an equal education.<ref name="Davis-1992" />{{Rp|pages=12, 94}} In an opinion by Chief Justice [[Charles Evans Hughes]], the Court held that if Missouri gave whites the opportunity to attend law school in-state, it was required to do the same for blacks.<ref name="Tushnet-1994" />{{Rp|page=70}}

Houston returned to Washington in 1938, and Marshall assumed his position as special counsel the following year.<ref name="Tushnet-1994" />{{Rp|page=26}} He also became the director-counsel of the [[NAACP Legal Defense and Educational Fund|NAACP Legal Defense and Educational Fund Inc.]] (the Inc Fund), which had been established as a separate organization for tax purposes.<ref name="Tushnet-1994" />{{Rp|page=27}} In addition to litigating cases and arguing matters before the Supreme Court, he was responsible for raising money, managing the Inc Fund, and conducting public-relations work.<ref name="Tushnet-1994" />{{Rp|page=27}} Marshall litigated a number of cases involving unequal salaries for African Americans, winning nearly all of them; by 1945, he had ended salary disparities in major Southern cities and earned a reputation as a prominent figure in the civil rights movement.<ref name="Tushnet-1997a" />{{Rp|page=1500}} He also defended individuals who had been charged with crimes before both trial courts and the Supreme Court.<ref name="Tushnet-1997a" />{{Rp|page=1500}} Of the thirty-two civil rights cases that Marshall argued before the Supreme Court, he won twenty-nine.<ref name="Routledge-2005">{{Cite book |url=https://books.google.com/books?id=KngGCAAAQBAJ |title=The Encyclopedia of Civil Liberties in America |publisher=[[Routledge]] |year=2005 |isbn=978-0-7656-8063-1 |editor-last=Schultz |editor-first=David |location=Abingdon, UK |pages=260–261 |editor2=Vile |editor-first2=John R.}}</ref>{{Rp|page=598}} He and [[William J. Durham|W. J. Durham]] wrote the brief in ''[[Smith v. Allwright]]'' (1944), in which the Court ruled the [[white primary]] unconstitutional, and he successfully argued both ''[[Morgan v. Virginia]]'' (1946), involving segregation on interstate buses, and a [[companion case]] to ''[[Shelley v. Kraemer]]'' (1948), involving racially restrictive [[Covenant (law)|covenants]].<ref name="Bland-1993">{{Cite book |last=Bland |first=Randall W. |url=https://archive.org/details/privatepressureo0000blan |title=Private Pressure on Public Law: The Legal Career of Justice Thurgood Marshall, 1934–1991 |publisher=[[University Press of America]] |year=1993 |isbn=978-0-8191-8736-9 |edition=Revised |location=Lanham, Maryland}}</ref>{{Rp|pages=31–32, 42–43, 53–57}}

From 1939 to 1947, Marshall was a member of the Board of Directors of the [[American Civil Liberties Union]].   During that period, he aligned with the faction which favored a more absolutist defense of civil liberties.  Most notably, unlike the majority of the Board, he was consistent in his opposition to Roosevelt's [[Executive Order 9066]], which put Japanese Americans into concentration camps.  Also, in contrast to most of the Board, Marshall charged that the prosecution of thirty-two right wing opponents of Roosevelt's pre-war foreign policy in the Sedition Trial of 1944 violated the First Amendment.<ref>{{cite book | last=Beito | first=David T. | title=The New Deal's War on the Bill of Rights: The Untold Story of FDR's Concentration Camps, Censorship, and Mass Surveillance | edition=First | pages=183–184, 240| location=Oakland | publisher=Independent Institute | year=2023 | isbn=978-1598133561}}</ref>

In the years after 1945, Marshall resumed his offensive against racial segregation in schools.<ref name="Tushnet-1997a" />{{Rp|page=1501}} Together with his Inc Fund colleagues, he devised a strategy that emphasized the inherent educational disparities caused by segregation rather than the physical differences between the schools provided for blacks and whites.<ref name="Tushnet-1997a" />{{Rp|page=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 Fisher|Ada Lois Sipuel]] with a legal education, although the justices declined to order that she be admitted to the state's law school for whites.<ref name="Tushnet-1994" />{{Rp|pages=129–130}} In 1950, Marshall brought two cases involving education to the Court: ''[[McLaurin v. Oklahoma State Regents]]'', which was [[George W. McLaurin]]'s challenge to unequal treatment at the [[University of Oklahoma]]'s graduate school, and ''[[Sweatt v. Painter]]'', which was [[Heman Sweatt]]'s challenge to his being required to attend a blacks-only law school in Texas.<ref name="Davis-1992" />{{Rp|pages=142–145}} The Supreme Court ruled in favor of both McLaurin and Sweatt on the same day; although the justices did not overrule ''Plessy'' and the separate but equal doctrine, they rejected discrimination against African-American students and the provisions of schools for blacks that were inferior to those provided for whites.<ref name="Davis-1992" />{{Rp|pages=145–146}}

[[File:George Edward Chalmer Hayes, Thurgood Marshall, and James Nabrit in 1954 winning Brown case.jpg|thumb|Marshall (center), [[George Edward Chalmer Hayes]], and [[James Nabrit Jr.|James Nabrit]] congratulate one another after the Supreme Court's decision in ''[[Brown v. Board of Education]]''.|alt=Hayes, Marshall, and Nabit, smiling, stand outside the Supreme Court, with the inscription "Equal Justice Under Law" visible overhead]]

Marshall next turned to the issue of segregation in primary and secondary schools.<ref name="Bloch-1993" />{{Rp|page=478}} The NAACP brought suit to challenge segregated schools in Delaware, the District of Columbia, Kansas, South Carolina, and Virginia, arguing both that there were disparities between the physical facilities provided for blacks and whites and that segregation was inherently harmful to African-American children.<ref name="Tushnet-1997a" />{{Rp|page=1502}} Marshall helped to try the South Carolina case.<ref name="Tushnet-1997a" />{{Rp|page=1502}} He called numerous social scientists and other [[expert witness]]es to testify regarding the harms of segregation; these included the psychology professor [[Kenneth and Mamie Clark#Kenneth Clark|Ken Clark]], who testified that segregation in schools caused [[self-hatred]] among African-American students and inflicted damage that was "likely to endure as long as the conditions of segregation exist".<ref name="Williams-1998" />{{Rp|pages=201–202}} The five cases eventually reached the Supreme Court and were argued in December 1952.<ref name="Ball-1998">{{Cite book |last=Ball |first=Howard |url=https://archive.org/details/defiantlifethurg00ball |title=A Defiant Life: Thurgood Marshall and the Persistence of Racism in America |publisher=[[Crown Publishers]] |year=1998 |isbn=978-0-517-59931-0 |location=New York}}</ref>{{Rp|page=119}} In contrast to the oratorical rhetoric of his adversary—[[John W. Davis]], a former solicitor general and presidential candidate—Marshall spoke plainly and conversationally.<ref name="Tushnet-1997a" />{{Rp|page=1502}} He stated that the only possible justification for segregation "is an inherent determination that the people who were formerly in slavery, regardless of anything else, shall be kept as near that stage as possible. And now is the time, we submit, that this Court should make clear that that is not what our Constitution stands for."<ref name="Rowan-1993">{{Cite book |last=Rowan |first=Carl T. |url=https://archive.org/details/dreammakersdream00rowa |title=Dream Makers, Dream Breakers: The World of Justice Thurgood Marshall |publisher=[[Little, Brown & Co.]] |year=1993 |isbn=978-0-316-75978-6 |location=Boston |author-link=Carl Rowan}}</ref>{{Rp|pages=195–196}} On May 17, 1954, after internal disagreements and a 1953 reargument, the Supreme Court handed down its unanimous decision in ''[[Brown v. Board of Education]]'', holding in an opinion by Chief Justice [[Earl Warren]] that: "in the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal."<ref name="Davis-1992" />{{Rp|pages=165, 171, 176, 178}} When Marshall heard Warren read those words, he later said, "I was so happy I was numb".<ref name="Williams-1998" />{{Rp|page=226}}

The Court in ''Brown'' ordered additional arguments on the proper [[Legal remedy|remedy]] for the constitutional violation that it had identified; in [[Brown II|''Brown'' II]], decided in 1955, the justices ordered that desegregation proceed "with all deliberate speed".<ref name="Ball-1998" />{{Rp|pages=135–137}} Their refusal to set a concrete deadline came as a disappointment to Marshall, who had argued for total integration to be completed by September 1956.<ref name="Williams-1998" />{{Rp|page=237}}<ref name="Bloch-1993" />{{Rp|page=478}} In the years following the Court's decision, Marshall coordinated challenges to Virginia's "[[massive resistance]]" to ''Brown'', and he returned to the Court to successfully argue ''[[Cooper v. Aaron]]'' (1958), involving [[Little Rock, Arkansas|Little Rock]]'s attempt to delay integration.<ref name="Tushnet-1997a" />{{Rp|page=1504}} Marshall, who according to the legal scholar [[Mark Tushnet]] "gradually became a civil rights leader more than a civil rights lawyer", spent substantial amounts of time giving speeches and fundraising;<ref name="Tushnet-1997a" />{{Rp|page=1503}} in 1960, he accepted an invitation from [[Tom Mboya]] to help draft [[Constitution of Kenya (1963)|Kenya's constitution]].<ref name="Williams-1998" />{{Rp|pages=284–285}} By that year, Tushnet writes, he had become "the country's most prominent Supreme Court advocate".<ref name="Tushnet-1997a" />{{Rp|page=1505}}