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   <title>Kia Franklin&apos;s Blog</title>
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   <id>tag:tpmcafe.talkingpointsmemo.com,2009:/talk/blogs/kia_franklin//1779</id>
   <updated>2008-07-02T17:55:15Z</updated>
   
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<entry>
   <title>Happy Birthday, Thurgood</title>
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   <published>2008-07-02T17:55:15Z</published>
   <updated>2008-07-02T17:55:15Z</updated>
   
   <summary><![CDATA[As a young African American woman and the first lawyer in my family, I find Justice Thurgood Marshall's life both professionally and personally inspiring. &nbsp;But today, which would have been Marshall's 100th birthday, is not just personally significant. It is...]]></summary>
   <author>
      <name>Kia Franklin</name>
      <uri>http://www.tortdeform.com</uri>
   </author>
   
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      <![CDATA[As a young 
African American woman and the first lawyer in my family, I find Justice 
Thurgood Marshall's life both professionally and personally inspiring. &nbsp;But 
today, which would have been Marshall's 100th birthday, is not just 
personally significant. It is a day where everyone who is passionate about 
fairness and equality should pause and reflect on what we must learn from his 
legacy. 





<p>Thurgood 
Marshal, the first African American U.S. Supreme Court Justice, was a pioneer 
for legal equality who used the civil court system as a tool for change. Born in 
1908 in the segregated South, Marshall experienced all the obstacles and 
indignities which young people today only see in documentaries and textbooks. 
But by the time he died in 1993, he had not only witnessed the dismantling of 
formal legal racism, he had actually played an integral role in achieving it. 
</p><p>As a young 
lawyer he worked to chip away at Jim Crow, combining sophisticated litigation 
strategies that earned him respect among colleagues, with a unique wit and humor 
that warmed even those most staunchly hostile to his anti-racist agenda. At the 
end of his tenure as a civil rights trial lawyer he had won 29 of his 32 Supreme 
Court cases. But speaking at his alma mater, Howard Law School, in 1978, he 
warned graduates against believing that the struggle for social justice would 
end with a few, or even many, courtroom victories:</p><blockquote>"[I]t seems to me that what we need to do today is to 
refocus. Back in the 30s and 40s we could go no place but to court. We knew then 
that the court was not the final solution. Many of us knew the final solution 
would have to be politics… So now we have both—we have our legal arm and we have 
our political arm. Let's use them both. And don't listen to this myth that it 
can be solved by either or that it has already been solved. Take it from me, it 
has not been solved. You can't stand still.&nbsp; You must move…"</blockquote><p>

</p><p>Marshall's words could not be truer today. 
The battleground for achieving social justice through the courts has changed 
dramatically, in part because many people cannot even get into the courthouse 
door. My work involves researching and challenging the big business lobby's 
efforts to create rules that make it more difficult for people to file important 
legal claims against powerful corporations. The work involves a steep learning 
curve, a lot of time and work, and an income as modest as the same ordinary 
people whose legal rights I'm invested in protecting.</p>

<p>But as 
Marshall indicated thirty years ago, the work is important because the law's 
role in achieving a fair and just society has changed. The challenge today is to 
make the civil legal system work more effectively for those fighting for social 
justice through the courts, those who face the most daunting obstacles to 
obtaining it. This includes people like the <a href="http://www.tortdeform.com/archives/2007/07/should_you_lose_custody_of_you.html">low-income single parent fighting for child custody</a> without a 
lawyer, the <a href="http://www.tortdeform.com/archives/2008/05/news_show_puts_human_face_to_p_1.html">elderly consumer fighting predatory lending</a>, and the <a href="http://www.tortdeform.com/archives/2008/03/signing_away_your_rights_no_si.html">hardworking employee fighting workplace discrimination</a>. 
</p>

<p>Recent 
Supreme Court decisions have reversed much of the progress achieved over 
Marshall's lifetime. I'm talking about decisions like <i><a href="http://www.dmiblog.com/archives/2008/01/restoring_fair_pay.html">Ledbetter</a></i>, making it more difficult for women to 
fight gender-based discrimination, and <i><a href="http://www.tortdeform.com/archives/2008/06/on_exxon.html">Exxon</a></i>, severely cutting punitive damages to a 
company involved in one of our country's most devastating environmental 
disasters. These business-friendly decisions remind us that ordinary Americans 
still experience significant barriers to justice, although the battleground may 
not look exactly the same as it did when Marshall was a young 
lawyer.</p>

<p>While the 
fight for social justice today will entail different strategies than it did when 
Marshall was a young lawyer, Marshall's tenacity, creativity, and ultimate 
success achieving significant victories remind us of what is possible. That 
itself is cause to celebrate the 100th anniversary of his birth, and 
reason to reflect on how we all, as persons dedicated to making our society work 
more fairly and equally, can further his rich legacy.</p>]]>
      
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