The Transition: Interpreting Justice from Thurgood Marshall to Clarence Thomas

by Daniel Kiel

Every Supreme Court transition presents an opportunity for a shift in the balance of the third branch of American government, but the replacement of Thurgood Marshall with Clarence Thomas in 1991 proved particularly momentous. Not only did it shift the ideological balance on the Court; it was inextricably entangled with the persistent American dilemma of race. In The Transition , this most significant transition is explored through the lives and writings of the first two African American justices on Court, touching on the lasting consequences for understandings of American citizenship as well as the central currents of Black political thought over the past century. In their lives, Thurgood Marshall and Clarence Thomas experienced the challenge of living and learning in a world that had enslaved their relatives and that continued to subjugate members of their racial group. On the Court, their judicial writings―often in concurrences or dissents―richly illustrate the ways in which these two individuals embodied these crucial American (and African American) debates―on the balance between state and federal authority, on the government's responsibility to protect its citizens against discrimination, and on the best strategies for pursuing justice. The gap between Justices Marshall and Thomas on these questions cannot be overstated, and it reveals an extraordinary range of thought that has yet to be fully appreciated. The 1991 transition from Justice Marshall to Justice Thomas has had consequences that are still unfolding at the Court and in society. Arguing that the importance of this transition has been obscured by the relegation of these Justices to the sidelines of Supreme Court history, Daniel Kiel shows that it is their unique perspective as Black justices – the lives they have lived as African Americans and the rooting of their judicial philosophies in the relationship of government to African Americans – that makes this succession echo across generations.

376 pages, Hardcover

Published April 4, 2023

Reviews

[Karen · Rating 5 out of 5]

An important analysis of the influences leading to such dramatically different views on the role of the courts in establishing principles of citizenship for all.

[Ted Daniels · Rating 4 out of 5]

The author offers an even-handed take on the swings of the Supreme court from liberal to conservative, as embodied by Thurgood Marshall and then Clarence Thomas. The focus is on school segregation, affirmative action, and the role of government and the courts. The book was published in 2023, and stops short of the overturning of Roe vs Wade.

I will admit that I now have a greater understanding of Justice Thomas' worldview. Not agreement, just understanding.

[Kris · Rating 4 out of 5]

Skimmed for a paper.

[bee · Rating 4 out of 5]

one of the most incredibly well-researched books i've ever read. Prof. Kiel did great work--this is something i foresee myself returning to, over and over, throughout my legal career.

[Sadie Kiel · Rating 5 out of 5]

The Transition is thoughtfully written for both legal/political scholars and everyday people wanting to learn more. The book begins with a narrative-feeling overview of the lives of both Thurgood Marshall and Clarence Thomas, an engaging entry point to so much important context on each justice’s views. Even though the book includes legal analysis, I was able to follow it without any background in law. Kiel does a great job explaining and illustrating Marshall’s and Thomas’s perspectives with examples from their time on the Court and from their own lives. I especially appreciated how this book made me think more deeply about how much we can/should count on the law to make change for minorities in America.