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6 Harv. Blackletter J. 111 (1989)
Justice Marshall's Criminal Justice Jurisprudence: The Right Thing to Do, the Right Time to Do It, the Right Man and the Right Place

handle is hein.journals/hblj6 and id is 117 raw text is: Justice Marshall's Criminal Justice Jurisprudence: The Right Thing To Do, The Right Time To Do It, The Right Man and The Right Place* CHARLES J. OGLETREE** I. INTRODUCTION S ince his appointment to the United States Supreme Court twenty-two years ago, Thurgood Marshall has been an instrumental force in the devel- opment of criminal justice jurisprudence. From the days of his early legal career as a civil rights lawyer, and throughout his tenure on the Court,' Justice Marshall has staunchly defended important constitutional values, inspir- ing respect within the legal profession. Although Justice Marshall's opponents argued during his confirmation hearings that he was unfit to serve on the Supreme Court because he would consistently vote based on liberal inclinations,2 his crimi- *On June 13,1967, President Lyndon Johnson nominated Thurgood Marshall to serve as an Associate Justice of the United States Supreme Court. In announcing the nomination of Thurgood Marshall to the Supreme Court, the first Black ever appointed, President Johnson declared that it was the right thing to do, the right time to do it, the right man and the right place. See L. Friedman & F.L. Israel, 4 THE JUSTICES OF THE UNITED STATES SUPREME COURT, 1789-1969 at 3064 (1969). **Assistant Professor, Harvard Law School. I would like to thank Barry Fisher for providing research assistance. 1. A considerable amount has been written about Justice Marshall's distinguished career. His accom- plishments as a civil rights lawyer are recounted in M. TUSHNET, THE NAACP LEGAL STREacY AGAINST SEGREGATED EDUCATION (1987); R. KLUGER, SIMPLE JUSTICE (1975); S. REDDING, LONESOME ROAD: THE STORY OF THE NEGRO'S PART IN AMERICA (1958); R.W. BLAND, PRIVATE PRESSURE ON PUBLIC LAW: THE LEGAL CAREER OF JUSTICE THURGOOD MARSHALL (1973); L.H. FENDERSON, THURGOOD MARSHALL: FIGHTER FOR JUSTICE (1969) and J. GREENBERG, RACE RELATIONS AND THE LAW (1959). Justice Marshall's judicial accomplishments have been noted in several books and law journals. See, e.g., C. BARNES, MEN OF THE SUPREME COURT: PROFILES OF THE JUSTICES 105-09 (1978); L. FRIEDMAN & F. L. ISRAEL, 4 THE JUSTICES OF THE UNITED STATES SUPREME COURT, 1789 - 1969, at 3062 - 108 (1969); Bland,usice Thurgood Marshall. An Analysis of His irst Years on the Court, 1967-71, 4 N.C. CENT. L.J. 183 (1973). 2.See, Greene, The Confirmalion of Thurgood Marshall to the United Slates Supreme Court, 6 HARVARD BLACKLETrER J. 27 (1989). The BlackLetler Journal 111

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