South Carolina Legislature


 

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S*266
Session 110 (1993-1994)


S*0266 Concurrent Resolution, By T.W. Mitchell, Bryan, Cork, Courson, Courtney, 
Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, 
Lander, Leatherman, Leventis, A.S. Macaulay, Martin, Matthews, McConnell, 
McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, 
L.E. Richter, M.T. Rose, Russell, Ryberg, Saleeby, Setzler, Short, G. Smith, 
J.V. Smith, H.S. Stilwell, Thomas, Waldrep, Washington, M.B. Williams and 
Wilson
 A Concurrent Resolution expressing the deepest and sincerest sympathy of the
 members of the South Carolina General Assembly upon the death of the Honorable
 Thurgood Marshall, United States Supreme Court Justice.

   01/26/93  Senate Introduced, adopted, sent to House SJ-15
   01/27/93  House  Introduced, adopted, returned with concurrence HJ-3



A CONCURRENT RESOLUTION

EXPRESSING THE DEEPEST AND SINCEREST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF THE HONORABLE THURGOOD MARSHALL, UNITED STATES SUPREME COURT JUSTICE.

Whereas, Thurgood Marshall died on Sunday, January 24, 1993, at the age of eighty-four; and

Whereas, Justice Marshall was born and reared in Baltimore, Maryland, and was excluded from attending the "all-white" law school at the University of Maryland; and

Whereas, after graduating from Howard University Law School in Washington, D.C., Mr. Marshall began his long and distinguished career as a civil rights lawyer; and

Whereas, Mr. Marshall brought lawsuits that integrated not only the University of Maryland, but also several other state university systems; and

Whereas, after several years as assistant special counsel and special counsel to the National Association for the Advancement of Colored People (NAACP), Mr. Marshall founded and became director and legal counsel for the NAACP Legal Defense and Educational Fund, Inc.; and

Whereas, during his twenty-one years as legal director, Mr. Marshall was the principal architect of the strategy of using the courts to provide what the political system would not: a definition of equality that assured black Americans full rights of citizenship; and

Whereas, the legal doctrine of segregation was challenged repeatedly and overturned under his leadership, thereby, integrating colleges and universities, interstate travel, and parks; and

Whereas, Mr. Marshall left a lasting legacy in South Carolina after arguing the 1950 Briggs v. Elliott case for equal education opportunity in Clarendon County; and

Whereas, Briggs v. Elliott was one of five cases consolidated into Brown v. Board of Education, the landmark 1954 United States Supreme Court case in which the court set the standard that "separate but equal" schools for blacks and whites was unjust; and

Whereas, Mr. Marshall argued the case himself before the United States Supreme Court; and

Whereas, in 1961, President John F. Kennedy appointed him to the United States Court of Appeals for the Second Circuit in New York City, and during his years there, Judge Marshall authored one hundred twelve opinions, none of which was overturned on appeal; and

Whereas, President Lyndon B. Johnson appointed Marshall as Solicitor General of the United States, the federal government's chief advocate in the Supreme Court; and

Whereas, in 1967, President Johnson nominated Thurgood Marshall to the United States Supreme Court and he became the first black to sit on the highest court in the nation; and

Whereas, Justice Marshall used his position to continue his ideals by writing opinions to express his disappointment and anger over the retreat from affirmative action and other remedies for discrimination he believed were still necessary to combat the nation's legacy of racism; and

Whereas, Justice Marshall was the premier constitutional lawyer and an inspiration to several generations of lawyers, not only in the civil rights area but all areas dealing with equal justice under the law; and

Whereas, Justice Marshall was a reminder to all of the depth and meaning of the United State Constitution; and

Whereas, Justice Marshall retired from the United State Supreme Court in 1991 for health reasons; and

Whereas, the people of this State and of the nation have lost a great advocate in the death of Justice Thurgood Marshall. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the South Carolina General Assembly express their deepest and sincerest sympathy to the family of Justice Thurgood Marshall upon his death.

Be it further resolved that a copy of this resolution be forwarded to his widow.

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