David C. Baum Memorial Lecture: The Jurisprudence of Thurgood Marshall
Mark V. Tushnet   |   1996 U. Ill. L. Rev.

In this essay, originally presented as a David C. Baum Memorial Lecture on Civil Liberties and Civil Rights at the University of Illinois College of Law, Professor Mark Tushnet explores the character and contributions of the late Thurgood Marshall, Associate Justice of the United States Supreme Court. Professor Tushnet presents a view of Justice Marshall as a true lawyer-statesman, whose professionalism and respect for legal rules were shaped by his middle-class roots and by his years as a litigator for the civil rights movement. The essay demonstrates that these qualities, together with a sense of pragmatism and social activism, are visible in the positions taken by Justice Marshall during his years on the Supreme Court.

* Carmack Waterhouse Professor of Constitutional Law, Georgetown University Law Center. This article is adapted from Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961-1991 (forthcoming February 1997). Professor Tushnet served as a law clerk to Justice Marshall during the Supreme Court's 1972 Term.

This article was originally presented on February 29, 1996, as the second 1995-96 lecture of the David C. Baum Memorial Lectures on Civil Liberties and Civil Rights at the University of Illinois College of Law.