The Achievement

President Lyndon B. Johnson nominated Thurgood Marshall to the Supreme Court on June 13, 1967. The Senate confirmed him 69-11 on August 30, 1967. He took his seat as Associate Justice and served for 24 years, retiring in 1991.

He was the first Black person to serve on the nation's highest court in its 178-year history to that point.

This article covers the full arc of Black representation on the Supreme Court:

  • Thurgood Marshall (1967-1991): first Black justice
  • Clarence Thomas (1991-present): second Black justice; longest-serving current justice
  • Ketanji Brown Jackson (2022-present): first Black woman on the Court

Readers searching "who was the first Black woman on the Supreme Court" have a clear answer: Ketanji Brown Jackson, confirmed April 7, 2022.

Life Before the Court

Thurgood Marshall was born in Baltimore, Maryland, on July 2, 1908. His father worked as a Pullman porter and club steward; his mother was a teacher. He attended Lincoln University, a historically Black institution in Pennsylvania, graduating in 1930.

He applied to the University of Maryland School of Law. He was denied admission on racial grounds. The irony was deliberate: years later, one of his early NAACP victories was forcing the University of Maryland Law School to admit a qualified Black applicant, Donald Murray, in Murray v. Pearson (1936).

He attended Howard University School of Law instead, studying under Charles Hamilton Houston. Houston, a Harvard Law graduate, developed the legal strategy of using the courts to dismantle segregation from within, a strategy Marshall carried forward. Marshall graduated first in his class in 1933.

The Path to the Supreme Court

Marshall's record at the NAACP Legal Defense Fund from 1938 to 1961 was extraordinary. He argued 32 cases before the Supreme Court and won 29.

Key victories:

Smith v. Allwright (1944): The Texas Democratic Party's all-white primary violated the 15th Amendment. The ruling opened voting to Black Texans throughout the South.

Shelley v. Kraemer (1948): Racially restrictive housing covenants were unenforceable by courts. The ruling directly challenged residential segregation across American cities.

Sweatt v. Painter (1950): The University of Texas Law School's refusal to admit a Black applicant violated the Equal Protection Clause. This case laid the direct groundwork for Brown.

Brown v. Board of Education (1954): Racial segregation in public schools was unconstitutional. The unanimous ruling reversed Plessy v. Ferguson (1896) and reshaped American law.

President Kennedy appointed Marshall to the U.S. Court of Appeals for the Second Circuit in 1961. President Johnson appointed him U.S. Solicitor General in 1965, the first Black person to hold that role. In 1967, Johnson nominated him to the Supreme Court.

Breaking the Barrier

Marshall joined a Court that had upheld Plessy v. Ferguson 71 years earlier. His presence changed both the deliberations and the institutional symbolism of the Court.

He was the only Black justice on the Court throughout his 24-year tenure. When he retired in 1991, Clarence Thomas was appointed to replace him. The 24-year gap between Marshall's appointment (1967) and the arrival of a second Black justice (Thomas, 1991) illustrates how slowly these milestones accumulate.

The denial that had blocked him from the University of Maryland School of Law became one of the most fitting biographical ironies in American legal history: Marshall helped destroy the system of segregation that had tried to stop him.

Impact and Legacy

Marshall's 24 years on the bench produced a substantial body of judicial work. He wrote the majority opinion in Stanley v. Georgia (1969), protecting the right to possess materials in the privacy of one's home under the First Amendment. He was a consistent dissenter against the death penalty, arguing in Furman v. Georgia (1972) that capital punishment was unconstitutional under the Eighth Amendment.

As the Burger Court and then the Rehnquist Court moved in more conservative directions through the 1970s and 1980s, Marshall became known as much for his dissents as his majority opinions. His dissents were written in plain language and spoke directly to the gap between constitutional promise and lived reality.

He retired in 1991 and died on January 24, 1993, at 84. He is buried at Arlington National Cemetery.

Three Black Justices: The Full Arc

Three Black Americans have served on the United States Supreme Court. Their appointments span 55 years.

Thurgood Marshall (1967-1991): Appointed by President Lyndon B. Johnson. Served 24 years. One of the most consequential lawyers and jurists in American history. His pre-Court career as a civil rights attorney shaped the constitutional law that governed his own tenure on the bench.

Clarence Thomas (1991-present): Appointed by President George H.W. Bush to replace Marshall. The longest-serving current justice. His jurisprudence reflects a different legal philosophy than Marshall's, centered on originalist interpretation of the Constitution.

Ketanji Brown Jackson (2022-present): Appointed by President Biden. Confirmed by the Senate on April 7, 2022. Sworn in on June 30, 2022. The first Black woman to serve on the Court. Previously served as a federal public defender, a U.S. District Court judge, and a U.S. Court of Appeals judge before her Supreme Court appointment.

Frequently Asked Questions

Who was the first Black Supreme Court Justice?

Thurgood Marshall was the first Black justice on the U.S. Supreme Court. He was appointed by President Lyndon B. Johnson and confirmed by the Senate on August 30, 1967.

Who was the first Black woman to serve on the Supreme Court?

Ketanji Brown Jackson was the first Black woman to serve on the U.S. Supreme Court. She was appointed by President Biden and confirmed by the Senate on April 7, 2022.

When was Thurgood Marshall appointed to the Supreme Court?

Marshall was nominated by President Johnson on June 13, 1967, and confirmed 69-11 by the Senate on August 30, 1967.

Who was the first Black person on the U.S. Supreme Court?

Thurgood Marshall. He served as Associate Justice from 1967 until his retirement in 1991.

How many Black justices have served on the Supreme Court?

As of 2026, three Black justices have served: Thurgood Marshall (1967-1991), Clarence Thomas (1991-present), and Ketanji Brown Jackson (2022-present).