Thurgood Marshall: His Speeches, Writings, Arguments, Opinions, and Reminiscences

By Thurgood Marshall; Mark V. Tushnet | Go to book overview

PART III
WRITINGS AS A JUDGE

This Part has two sections. The first contains most of the talks Marshall gave to the annual gathering of judges and lawyers in the federal Court of Appeals for the Second Circuit. Marshall's first judicial appointment had been as a judge on that court, which sits in New York and is one of the two most important lower federal courts, and he retained a deep affection for its judges and the lawyers who regularly appeared before it (see selection 16, included here as a preface to Marshall's annual comments on the Supreme Court's work). After becoming the "Circuit Justice" for the Second Circuit—the Supreme Court justice responsible for dealing with emergency appeals from the circuit and similar matters— Marshall gave an annual talk commenting on the Court's work in the preceding year. Some of the talks were transcribed, and the transcriptions (selections 17, 22, and 24 through 27) capture some of Marshall's informality and his celebrated abilities as a storyteller. Marshall always spoke from a prepared text, and the transition between his informal remarks and his prepared text is usually apparent in the transcriptions. The remainder of the "Remarks" are the prepared texts alone. Selection 39 was initially presented at the Second Circuit Conference but is presented later in this Part because of its thematic connection with Marshall's article on the death penalty (selection 40) and his tribute to Justice Brennan (selection 41).

Grouping these remarks together allows the reader to see the Supreme Court as Marshall saw it on a yearly basis. The most notable feature of these talks is their candor, as Marshall did not hesitate in using the talks as a vehicle for expressing his deep disagreement with the direction the Court was taking. To assist the

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Thurgood Marshall: His Speeches, Writings, Arguments, Opinions, and Reminiscences
Table of contents

Table of contents

  • Thurgood Marshall - His Speeches, Writings, Arguments, Opinions, and Reminiscences *
  • Contents *
  • Foreword ix
  • Introduction xviii
  • Part I Legal Briefs and Oral Arguments 1
  • Part II Writings and Speeches as a Lawyer 67
  • Part III Writings as a Judge 171
  • Part IV Judicial Opinions 303
  • Part V Reminiscences 411
  • Selected Bibliography 515
  • Appendix: Annotated List of Important Decisions 517
  • Permissions Acknowledgments 536
  • Index 539
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