Looking Back – Thurgood Marshall Confirmed to the United States Supreme Court

On August 30, 1967, Thurgood Marshall was confirmed as an Associate Justice to the United States Supreme Court, beginning what would become a 24-year career as a judge and one of the most-noted liberal voices on our nation’s highest court. Nominated by President Lyndon B. Johnson, Marshall became the first African-American to serve on the Supreme Court, a milestone that capped his illustrious legal career and his lifelong fight for equality and civil rights. In 2016, in honor of National African American History Month, the Harris County Law Library created a digital exhibit celebrating the life and legacy of Justice Marshall highlighting his career as a civil rights attorney, Solicitor General and Supreme Court justice. Being nominated to the highest court is an accomplishment in and of itself, but to survive the arduous confirmation process is a true test in perseverance and a sign of one's worthiness.

Article II, Section 2 of the United States Constitution gives the President, with the advice and consent of the Senate, the power to nominate persons to the Supreme Court. The appointment itself is just one part of a complex process that culminates, in most instances, with the swearing in of a new Supreme Court justice. It begins with the pre-hearing stage, which is investigative in nature, with the nominee responding to detailed questions posed by members of the Senate's Committee on the Judiciary seeking biographical, professional, and financial information. The American Bar Association, through its Standing Committee on the Federal Judiciary, also conducts its own independent, impartial evaluation of the candidate, focusing on his/her professional qualifications and competence as well as the nominee’s integrity and judicial temperament. The ABA does not consider the nominee’s political affiliation or ideology in its evaluation. The investigative stage is followed by the hearing stage at which the nominee testifies before the Senate Judiciary Committee. This has been the practice since 1955. The hearings consist of statements by the chair and other members of the committee as well as an opening statement by the nominee. Questioning by the committee ensues. These hearings serve many purposes, including enlightening those members of the Senate who may still be undecided and emphasizing certain issues. Public witnesses are also invited to appear. After the public hearings, the committee meets with the nominee privately in a closed door committee session. The final step is the reporting of the recommendation to the full Senate.

Justice Marshall was confirmed by the Senate with a vote of 69 yeas and 11 nos. You can access the Senate's report in the Congressional Record at the new service provided by the United States Government Publishing Office, Govinfo. Additional articles about Thurgood Marshall's confirmation can be found in Harvard Black Letter Journal available here at the Law Library through HeinOnline. Check out our previous blog post for information on how to access HeinOnline via your own mobile device.

To learn more about the United States Supreme Court Nomination and Confirmation process, please see:

On September 4, you will have the opportunity to follow the confirmation hearings held by the Senate's Committee on the Judiciary as public hearings are scheduled to begin regarding nominee Brett M. Kavanaugh. Check out the Committee's website for nomination resources.

 

Hurricane Harvey Recovery Resources

On this day in 2017, Harris County was still reeling from the devastation caused by the worst flooding event in U.S. history. A year later, Hurricane Harvey's toll is still being felt throughout our community. That is why the Harris County Law Library remains committed to connecting those impacted with relevant information about resources and services to help with recovery. Visit our Harvey Recovery Resources page or visit our downtown Houston location to find information on legal helplines, referral services, and clinics that can help with the legal aspects of the recovery process.

The Sun Also Stands Still

Today is the first day of summer, the longest day of the year with more than 14 hours of sunlight in the Houston area. On this day, the sun will reach its northernmost point, seeming to stand still. People around the world will mark the occasion with feasts, festivals, and other festivities, including rituals that honor the sun. We’re celebrating the day in the way we know best -- by sharing information. We’ve compiled a short list of interesting cases that involve the hallmarks of summer -- sunburn, mosquitoes, ice cream, barbeque, and theme parks. We're also sharing a bit of etymology.

Interestingly, the summer solstice has somewhat of a connection to the law. The word solstice is derived from the Latin solstitium, meaning the point at which the sun stands. It combines sol (sun) with the past participle stem of sistere (to stand, stay, set, or place). The stare in stare decisis derives from the same root. Its literal meaning, let the decision stand, is the basis for establishing legal precedent. In Houston, we feel the blaze of the sun all summer long as it seemingly stands still for three (or more) uninterrupted months. There is definitely precedent for the kind of heat we experience annually, and it is sure to get even hotter. Happy Solstice!

Celebrating San Jacinto Day

Today is San Jacinto Day! We, along with many others across the state, turn our thoughts to the final battle of the Texas Revolution that took place on April 21, 1836. The victory paved the way for a new government to form under the 1836 Constitution of the Republic of Texas and the rest is legal research.

To celebrate the day, we're offering a #shelfie opportunity the week of April 23 at the Harris County Law Library. Grab your phone and take a #shelfie in front of our monographic replica of the San Jacinto Monument. Be sure to post it to Twitter and tag it #SanJacintheStacks!