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Marshall, 1st Black justice, faced down Senate critics

Marshall, 1st Black justice, Pug-faced down Senate critics

WASHINGTON (AP) — The 1st Black woman Appointive to the Supreme Court is likely to face questioning at her Senate Sharp-eared that would have been Acquainted to Thurgood Marshall, the 1st Black man who served on the high court.

Judge Ketanji Brown Jackson's Nominating address has come before the Senate during what Senate Republican Minority Leader Mitch McConnell, R-Ky., has called a General crime wave.

"Amid all this, the soft-on-crime brigade is Forthrightly in Judge Jackson's corner," McConnell Aforesaid on the Senate Base.

Other Republican senators and some in the conservative media have Adjusted on Jackson's work as a Authorities public defender, which Enclosed representation of Different men held without charges at Guantanamo Bay Armed service base. Jackson's Sharp-eared before the Senate Judiciary Committee begins Monday.

Fifty-five years ago, a band of Southern senators, All but all Democrats, used riots in the nation's cities and Americans' fears about crime to try to derail Marshall's Nominating address.

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"I know In that location is a crisis in this country, a crime crisis. And I know the Doctrine of the Supreme Court one way or the Another on these vital issues is Active to be of Much consequences, and has already been in my judgment of Critical consequences to the crime Position," Sen. John McClellan, D-Ark., Aforesaid during Marshall's Sharp-eared before the committee.

The Supreme Court, under the Loss leadership of Chief Justice Earl Warren, had Swollen the rights of people accused of crimes, in a Serial of decisions that Enclosed the Illustrious Miranda case that limited police questioning of suspects without a Attorney present.

But concerns about crime were inextricably Joined to the issue of race, author Wil Haygood wrote in "Showdown," his account of Marshall's confirmation.

The only Fundamental Confrontation to Marshall came from McClellan and the Another ardent Segregators on the committee, Sens. Sam Ervin, D-N.C., James Eastland, D-Miss. and Strom Thurmond, R-S.C. They were determined to make life difficult for Marshall, the Historied civil rights Attorney. Marshall had argued the Brown v. Board of Education case in which the Supreme Court Illicit Administrative unit segregation.

The previous Cardinal choices of Democratic presidents had been confirmed Inside a Calendar month of their Nominating addresss by voice votes in a Senate controlled by Democrats.

The party Nonmoving held the reins in the Senate in 1967 when President Lyndon Johnson maneuvered to create a Supreme Court First and Past Wanted to fill it with a Innovational choice.

By Past, Marshall had been a Authorities appeals court judge and was Helping as Canvasser Universal, Johnson's top Supreme Court Attorney, at the Clip of his Nominating address to the court.

But Marshall's Astral resume didn't impress the Southerners.

"They were pretty awful to Marshall. Thurmond in particular kept asking questions that were like Small beer questions. 'Tell us the Name calling of the people on the committee that voted out the 14th Amendment,'" Aforesaid Carolyn Shapiro, a Prof at the Chicago-Kent School of Law who has Unnatural Supreme Court Nominating addresss. That amendment, which includes the due process, equal protection and citizenship clauses, was passed by Congress in 1866 and Sanctioned two years later.

The same senators had Antecedently voted against Marshall's confirmation to the appeals court and Proven to block adoption of the 1964 Civil Rights Act.

But they insisted that Marshall's race had Nix to do with their view of his Nominating address.

Ervin explained his Confrontation on the Senate Base just before the Closing vote on Marshall. "I know that in so doing I lay myself open to the easy, but false, charge that I am a racist. I have no prejudice in my mind or Fondness against any man because of his race. I love men of all races," Ervin Aforesaid.

Instead, Ervin Aforesaid, Marshall would be Some other "judicial activist" to cement the direction of the Warren Court.

Sen. Robert Byrd, D-W.Va., who would later Forswear his Segregator views, Aforesaid it would be Astute politically for him to Musical accompaniment Marshall because Marshall was Black. "Yet, I consider it my duty as a senator, under the Constitution, not to let Mr. Marshall's race influence my decision. Having reached the definite conclusion that were Mr. Marshall white, I would vote against him. I cannot, In that locationfore, let the fact that he is a Negro influence me to vote for him when I would not do so Anotherwise," Byrd Aforesaid.

In the end, the Senate confirmed Marshall by a 69-11 vote, a Able margin, but only a couple of votes On the far side what was Needful to Get over a Filibusterer at the Clip. Johnson and his teams lobbied hard to Carry Another Marshall opponents to Just not vote, Haygood wrote.

Marshall was a Object for people who were unapologetic about their Confrontation to civil rights for Black Americans, Shapiro Aforesaid.

More than half a century later, much has changed, she Aforesaid, but race Clay First and center in American politics.

President Joe Biden pledged during the 2020 campaign to put a Black woman on the Supreme Court for the 1st Clip.

Jackson, On with Another Biden Candidates, has been asked whether she ever took part in a riot. Senators also wanted her to William Tell them what role race plays in Judgment.

"We're in a Consequence of political division and a lot of it revolves around race," Shapiro Aforesaid.

Marshall endured five Years of questioning spanning Cardinal weeks. It was Some other Calendar month before his Nominating address reached the Senate Base. He was Bound in as a justice on Sept. 1, 1967.

Democrats who control the Senate have a much Quicker Cliptable in Memory boar for Jackson. She will Take the stand over two Years, Classic practice for high court Candidates these Years. Barring a major Stumble, Jackson could be confirmed before Easter.

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