About Thurgood Marshall,
Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American jurist and the first African American to serve on the Supreme Court of the United States. Before becoming a judge, he was a lawyer who was best remembered for his high success rate in arguing before the Supreme Court and for the victory in Brown v. Board of Education. He was nominated to the court by President Lyndon Johnson in 1967.

Kagan quoted from a speech Marshall gave in 1987 in which he said the Constitution as originally conceived and drafted was “defective.” She quoted him as saying the Supreme Court’s mission was to “show a special solicitude for the despised and the disadvantaged.”

“Does Kagan Still View Constitution ‘As Originally Drafted And Conceived’ As ‘Defective’?” the RNC asked in its research document. “And Does Kagan Still Believe That The Supreme Court's Primary Mission Is To ‘Show A Special Solicitude For The Despised And Disadvantaged’?”

Republican National Chairman Michael Steele is calling Supreme Court nominee Elena Kagan to account for her comments in support of Thurgood Marshall, the first black justice on the nation's highest court.

Steele's statement, issued minutes after Obama announced his intention to nominate Kagan, said that Senate Republicans need to raise "serious and tough questions" about her legal philosophy. Included in that, Steele said, is "her support for statements suggesting that the Constitution 'as originally drafted and conceived, was "defective."'"

Republican National Committee (RNC) Chairman Michael Steele released the following statement today:

“Over the past year, the American people have been witness to President Obama’s massive expansion of the federal government into our daily lives. To assure the American people, President Obama’s Supreme Court nominee, Elena Kagan, will need to demonstrate that she is committed to upholding the vision of our Founding Fathers, who wrote a Constitution meant to limit the power of government, not expand it. The President has stated repeatedly that he wants a justice who will understand the effects of decisions on the lives of everyday Americans. But what Americans want is a justice who will stay true to the Constitution and defend the rights of all Americans, adhering to the rule of law instead of legislating from the bench. Given Kagan’s opposition to allowing military recruiters access to her law school’s campus, her endorsement of the liberal agenda and her support for statements suggesting that the Constitution “as originally drafted and conceived, was ‘defective,’” you can expect Senate Republicans to respectfully raise serious and tough questions to ensure the American people can thoroughly and thoughtfully examine Kagan’s qualifications and legal philosophy before she is confirmed to a lifetime appointment.” (Source: Republican National Committee)

The document is likely just the opening salvo from Republican researchers, who have spent months examining the public records of all of Obama’s potential Supreme Court nominees. Yet an effort to negatively associate Kagan with Marshall, who is revered by liberals and African Americans, could prove explosive.



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