Transcripts For CSPAN3 Justice Thurgood Marshalls Legacy 201

Tv,ext on American History former law clerks to Supreme Court Justice Thurgood marshall examine his legacy. He served from 1967 to 1991. Panelists, including Supreme Court Justice Elena kagan, remember that time working for the first African American member of the court and discuss his opinions on landmark cases. We recorded this at the u. S. Second Circuit Court of appeals in new york city. It is about two hours. Today is a special day. In theus are here Thurgood Marshall u. S. Courthouse to celebrate an american hero, Thurgood Marshall, whose memory this magnificent courthouse is dedicated, in this courthouse where he served on the Second Circuit. We welcome our cspan audience to our proceedings as well. Our gathering is at the intersection of two initiatives which have engaged the court of the Second Circuit the last two years. Initiatives which i had the privilege of proposing and which have taken life because of the creative and dedicated work of remarkable colleagues of the bench bar and our court staff. The one hundred 25th Anniversary Commemoration of the second Circuit Court of appeals, wonderfully chaired by richard wesley, has several components, including scholarly volumes and public events, as we take stock of our past to better understand how our work has evolved to better meet the challenges of the present and future. The second initiative, justice for all courts and the community, is a project all of the courts of the Second Circuit, a project through which a wide range of ongoing Civic Education activities seeks to bring courts and communities closer together to promote public understanding of the courts and to help courts better understand the communities we serve. We will the new year, be going live with our Civic Education website which can be you will be able to find on the court of appeals website. And we invite you to explore it. Thurgood marshalls life is very much a part of both of these initiatives. As to our courts history, in 1961, president kennedy appointed Thurgood Marshall as the circuit judge on this court where he sat in this very court until 1965 when president johnson appointed him first as solicitor general of the United States and then as an associate justice of the United States Supreme Court, the first African American appointed to that , in at court in our land career on the court that spanned 32 years. In this building, Justice Marshall occupied chambers on the 20th floor. Oursuccessor in that space, alsoed Wilford Kleinberg occupied that space succeeding Justice Marshall. Years, judge feinberg had the opportunity to move to bigger quarters as he gained in seniority. But he never left Justice Marshalls chambers. As he said to me, if it was good enough for Thurgood Marshall, it is good enough for me. Second circuit judge marshall wrote 98 majority opinions, eight concurrences, and 12 as our staff attorney noted in his article for the 125th anniversary collection of biographies of judges of the Second Circuit published by the cornell law review. In the last few years, we have taken steps to assure that Thurgood Marshalls legacy is appropriately honored here in this courthouse. Two years ago, gilbert king,ulitzer prize winning author delivered the lecture of our court about marshalls courageous dissent in 1949 defense in 1949 of the four young black men accused of raping a white woman. In our lobby, as you no doubt observed, everyone who enters this building will see the photographs of various aspects of Justice Marshalls incredible career. In development with deep appreciation to circuit judge ralph winter and Southern District judge Paul Engelmayer, both marshall clerks, and our terrific library team, is an exhibit about the extraordinary life and times of thurgood is a courageous civil rights leader who worked tirelessly to rid this country of the scorch of segregation and racism. As the executive director of the naacp legal and education defense fund, is a plague is attorney in brown v board of education, as solicitor general, as a jurist on the Second Circuit and on the Supreme Court, you will be able to see the videos and here Thurgood Marshalls voice arguing in the Supreme Court. You will have a sense of the which on the worlds with he interacted. Students will be able to explore further the legacy of thurgood spring wehen this inaugurate on the fifth floor of this courthouse a stateoftheart learning center, a Civic Education initiative. And you will be able to see in permanent ways the life of Thurgood Marshall. That is a project which i cochair with judge Victor Marrero of the Southern District of new york. Today, we are graced by representatives of the marshall family. Jr. ,on, thurgood, thurgoods wife, and his grandson. Iraqgreat thanks to kleinberg, we have an we have his former clerks. The program we are about to witness consists of a stellar assemblage, many of them are friends of mine of longstanding who took time from their busy schedules to participate and who i think most warmly. Elena kagan, a supremely talented and brilliant Supreme Court justice, like her former boss, also a former solicitor general, and before that the dean of the harvard law school. A renowned scholar of public policy. The director of the Law Institute and former dean of the nyu school of law and leading expert on environment to law. Iskant, aiscount d highly regarded litigator. Sheryll cashin, a distinguished scholar of social policy. And judge Paul Engelmayer, a superb judicial colleague of the Southern District of new york. Without further delay, i turn the proceedings over to judge wesley who has magnificently overseen this 125th anniversary celebration. Judge wesley. [applause] judge wesley three seats left. [laughter] i have to say, i am a little nervous standing in the well with such a distinguished panel. I am glad i have not been a lawyer for 30 years arguing. I dont know how i would fare with the group i am facing. A bit of administrative staff. Please turn off your cellphones. Please turn off your cellphones. If a ring, i will be very unhappy if a ring, i will be very unhappy. Thank you for your kind introduction. Circuit the second result present a series of programs during the 201617 term to commemorate the 105th anniversary 125th anniversary of this great court. To that and, Court Personnel and lawyers were appointed to plan a number of events and publications that would tell the story of the Second Circuit as reflected in its jurisprudence, its impact on the cultural and economic climate of our nation, and the lives of the judges who have labored here. The names of those folks who have served on that committee are on the back of your program. Todays Panel Discussion is the fifth in a series of programs planned by the committee and executed through the hard work of the court family and its friends. Months, courtw personnel will reenact several famous appeals heard at the court. A distinguished scholar will deliver a lecture on the memorable First Amendment case. A panel of lawyers and judges will explore the circuits relationship with the state high court cousin with regard to certified question procedures. And much, much more. A copy of the calendar of events was given to you and is available at the Registration Desk and also available on our website. Todays program focuses on a man who during his time before he came to the bench played an active and vital role in the fight for equal justice for African Americans during the 20th century. I suspect Many Americans could tell you Thurgood Marshall was the attorney who successfully argued brown versus fortune Education Board of education. But i fear a few have a sense of marshall as an historic figure. I confess i was among them until magnificentrds book, simple justice. Recently, gilbert king in his gripping book, has also pulled yths of the past to give us a sense of the danger he faced fighting Racial Injustice and prejudice. Marshall has connection to this court. He served here for four years before being appointed solicitor general by Lyndon Johnson in 1965 and later to the Supreme Court in 1967. 1967, a great year for me. That was the year i graduated from high school. Makes me feel old now, to be honest with you. Following the Supreme Court appointment, he became the circuit justice for the Second Circuit. Of aircuit justice is sort judicial godparent for the circuit looking after us on the Second Circuit. That had been our intention to begin with a presentation by marshalls first clerk at the Second Circuit, our very own judge ralph winter. Judge winter is recovering well from a recent medical procedure but regrettably is unable to be with us today. I speak, i know that i speak for all of my colleagues when i say that we look forward to having judge winter back with us again soon in good health. Many of us have heard his delightful stories about his time with marshall. It is clear ralph treasured the experience. Judge winter delivered a eulogy to Justice Marshall at marshalls funeral at the National Cathedral in washington in 1993. A copy of that eulogy has been provided with to you with the program beautifully reproduced by our library staff. With your indulgence, let me read to you from judge winters memorable address. Marshall was appointed at Second Circuit only on an interim basis, an interim appointment was a method by which judicial appointments were made while congress was not in session. Instead of life tenure, the judge served on an interim basis until confirmed or not confirmed. The marshall, the interim was long. His nomination request for eight months in the Senate Judiciary committee. During that time, he was treated as a visiting judge and had no permanent chambers in this building. Every two weeks or so, he would pack up his files and move them to a vacationing judges office. Can you imagine having to pick up your files and moving around . Back to winter. In spite of the strain of serving as a judge without being confirmed, marshall carried out his responsibilities with his characteristic goodhumored perspective on life. Most famous men or women rarely live up to their [indiscernible] as a person. Thurgood marshall, the person, lived up to and even outdid his press clippings. He was a warm, friendly, incredibly witty man. A totally lovable human being. I was his clerk in his first year as a judge on the court on which i now sit. Every morning, he presided over a coffee hour attended by clerks from other chambers. The atmosphere was one of earthy stories, salty language, and booming laughter. He was universally kind to an left by his clerks. In the imprint of his personality is indelibly stamped on them. Thurgood marshall was the Irresistible Force for justice. , the immovable object against injustice and a warm and kind human being. Alas, he was mortal. Although that, believe it or not, came as a surprise. But his legacy to the nation is indestructible, as are the Cherished Memories we have of him. Today, we will hear from people who work at the Supreme Court with Justice Marshall. Marshall had a tremendous influence on the jurisprudence of our country as a lawyer and judge on the high court. Throughdiscussion todays discussion, we will learn how marshalls influence on our national jurisprudence continues today through the law clerks he trained. I am absolutely certain this will prove to be a memorable afternoon and early evening. Of theelists knew one great figures of the American Experience in the 20th century. Isding the discussion today the honorable Paul Engelmayer from the Southern District. Judge engelmayer is a graduate of Harvard College and law school who worked as a reporter for the wall street journal between college and law school. Decided to get a real job, i guess. C circuit at the d and then for Justice Marshall from 1988 until 1989. Following a distinct career at the United States Attorneys Office in the Southern District and a stint at the solicitor generals office, judge a law firm. Oined i love that name. It just sounds like a law firm you want to spend 700 an hour on. [laughter] and that is for the associate. [laughter] you can tell i have been on the bench for 30 years. In 2011, president obama nominated judge engelmayer to fill the vacancy created when we were fortunate enough to receive jerry lynch as our colleague here on the second port. Senator grassley gave the judge a hard time for a few weeks but ultimately thought the better of his nomination, and for good reason. On july 20 6,er 20 11, was confirmed by a vote of 980. I have gone back and looked at the vote on june 12 2003. 970. E was judge engelmayer, i dont know how you got the extra vote. Congratulations. Judge engelmayer, on behalf of the court, i want to thank you for helping us plan this event and for all of your assistance in conquering the endless challenges we faced in making today a reality. Ladies and gentlemen, i give you the honorable Paul Engelmayer who will introduce our distinguished panel and serve as moderator of todays discussion. Judge engelmayer. [applause] judge engelmayer thank you, judge wesley, thank you chief justice. I want to welcome everyone here in person and watching remotely. Tonights turnout is approaching 650 people across four courtrooms. It is a record for this 80yearold courthouse. Part of that no doubt is because we have an absolutely worldclass panel. It also speaks to the giant to whom we are paying tribute tonight. 25 years since he retired and nearly 24 years since he died, but Thurgood Marshall, the lawyer and justice, still inspires us. He was transformational. Thanks to his brilliance, courage, and vision, civil rights [indiscernible] in 2016 is a more just world. Our panelists tonight have one thing in common. Each of us had the great good fortune to spend a year clerking for Justice Marshall, who by the time we got to know him was already very much a legend. Including ralph winter who unfortunately was unable to attend tonight due to illness, we stand and welcome Thurgood Marshalls entire career on the bench. Himyll cashin clerked for in his final year on the Supreme Court in october 1990. Clerkeden, greg diskant 197576. Clerked 198485. Elena kagan clerked 198788. And i clerked for the year, 198889. Elena trained me and my coclerks. I had the rare privilege, although i cannot say i had the prescience to appreciate it at the time. [laughter] a being tutored at once by two Supreme Court justices, one present and want future. Each of our years had a different texture and character. Each was shaped by the time, the changing composition of the court, and the years docket. Certain aspect of a clerkship or perennials. That is what we called him at his request. Judge. Ed to be called he called us knuckleheads, and affectionate term, and other nicknames perhaps we will get to. One thing that the clerkship myth was lots of time with him after oraly argument, we would spend an hour or so across the conference table in his private Conference Room near his cherished bust of frederick douglass. My year, the court heard arguments in 170 cases, which was fairly typical for his tenure. So there were lots of those hours. He would discuss the cases argued. He would make notes in his bin