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From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could ...

From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.

Much has been written about Thurgood Marshall, but this is the first book to collect his own words. Here are briefs he filed as a lawyer, oral arguments for the landmark school desegregation cases, investigative reports on race riots and racism in the Army, speeches and articles outlining the ...

Much has been written about Thurgood Marshall, but this is the first book to collect his own words. Here are briefs he filed as a lawyer, oral arguments for the landmark school desegregation cases, investigative reports on race riots and racism in the Army, speeches and articles outlining the history of civil rights and criticising the actions of more conservative jurists, Supreme Court opinions now widely cited in Constitutional law, a long and complete oral autobiography, and much more. Marshall's impact on American race relations was greater than that of anyone else this century, for it was he who ended legal segregation in the United States. His victories as a lawyer for the NAACP broke the colour line in housing, transportation, voting, and schools by overturning the long-established 'separate-but-equal' doctrine. But Marshall was attentive to all social inequalities: no Supreme Court justice has ever been more consistent in support of freedom of expression, affirmative action, women's rights, abortion rights, and the right to consensual sex among adults; no justice has ever fought so hard against economic inequality, police brutality, and capital punishment.