04057nam 22005773 450 991086088460332120230128060417.09781503635661(electronic bk.)978150363065910.1515/9781503635661(MiAaPQ)EBC30352880(Au-PeEL)EBL30352880(CKB)26053258400041(DE-B1597)650627(DE-B1597)9781503635661(OCoLC)1350966291(EXLCZ)992605325840004120230128d2023 uy 0engurcnu||||||||txtrdacontentcrdamediacrrdacarrierThe Transition Interpreting Justice from Thurgood Marshall to Clarence Thomas1st ed.Grand Rapids :Stanford University Press,2023.©2023.1 online resource (343 pages)Print version: Kiel, Daniel The Transition Grand Rapids : Stanford University Press,c2023 9781503630659 Frontmatter -- CONTENTS -- Preface -- Introduction: Race, Schools, and the Justices of the Supreme Court -- PART I. Becoming Justices -- PART II. Integration -- PART III. Individuals and Government -- PART IV. Diversity -- Conclusion: The Rule of Law -- Acknowledgments -- Notes -- Bibliography -- IndexEvery Supreme Court transition presents an opportunity for a shift in the balance of the third branch of American government, but the replacement of Thurgood Marshall with Clarence Thomas in 1991 proved particularly momentous. Not only did it shift the ideological balance on the Court; it was inextricably entangled with the persistent American dilemma of race. In The Transition, this most significant transition is explored through the lives and writings of the first two African American justices on Court, touching on the lasting consequences for understandings of American citizenship as well as the central currents of Black political thought over the past century. In their lives, Thurgood Marshall and Clarence Thomas experienced the challenge of living and learning in a world that had enslaved their relatives and that continued to subjugate members of their racial group. On the Court, their judicial writings—often in concurrences or dissents—richly illustrate the ways in which these two individuals embodied these crucial American (and African American) debates—on the balance between state and federal authority, on the government's responsibility to protect its citizens against discrimination, and on the best strategies for pursuing justice. The gap between Justices Marshall and Thomas on these questions cannot be overstated, and it reveals an extraordinary range of thought that has yet to be fully appreciated. The 1991 transition from Justice Marshall to Justice Thomas has had consequences that are still unfolding at the Court and in society. Arguing that the importance of this transition has been obscured by the relegation of these Justices to the sidelines of Supreme Court history, Daniel Kiel shows that it is their unique perspective as Black justices – the lives they have lived as African Americans and the rooting of their judicial philosophies in the relationship of government to African Americans – that makes this succession echo across generations.LAW / Civil RightsbisacshAfrican American history.American race relations.Clarence Thomas.Constitutional law.Federalism.Supreme Court.Thurgood Marshall.U.S. civil rights movement.affirmative action.school desegregation.LAW / Civil Rights.347.73/2634Kiel Daniel1740345MiAaPQMiAaPQMiAaPQ9910860884603321The Transition4166003UNINA