Thurgood Marshall—A Justice for All People

Abstract

Since Thurgood Marshall's resignation from the Supreme Court, the media has been filled with commentary about his splendid record on civil rights. record of this extraordinary human being, the only black ever to have served on the High Court, was certainly outstanding. However, the virtually exclusive focus on Marshall's civil rights positions implies that, as a Supreme Court Justice, he cared only about defending the rights of minorities. Marshall certainly was passionate about protecting minorities; what was wonderful about his passion is that it extended to working people, generally. If the Thurgood Marshalls of the nation dominated the political scene, the white majority (as well as people of color) would be living much better lives and they would be living longer! In 1980, the Court's majority misinterpretation of the Occupational Safety and Health Act undermined the ability of the Department of Labor to protect workers from carcinogenic and other toxic substances. Court rejected the Department of Labor's requirement that industry set exposure limits at the lowest technologically feasible level (as long as it does not impair viability). In his long, detailed, dissenting opinion, Marshall admonished, The unfortunate consequence is that the federal government's effort to protect American workers from cancer and other crippling diseases may be substantially impaired. Since the Court's decision, the abysmal record of American industry on protecting the health of working people helps one appreciate the incredible importance of Marshall's position. Although the High Court continually has moved rightward on labor as well as on other issues, Marshall continued to buck the tide. political context has changed, but Marshall's principles have not. right of employers to replace strikers permanently, sanctioned by the Supreme Court in 1938, is well known. Just two years ago, the Court ruled that business was not required to displace unionized employees who worked during the strike in order to reinstate striking employees with greater seniority. Brennan and Marshall justifiably complained that permitting business to discriminate on the basis of union activity is inherently destructive of the right to strike as guaranteed by both the Railway Labor Act and the National Labor Relations Act.