In 1967, President Lyndon Johnson made a significant move in American history by nominating Thurgood Marshall to the Supreme Court, marking the appointment of the first Black justice. Despite this being a historic achievement, Marshall was not the only Black individual considered for the role before his nomination.
William Hastie was one of the earliest serious contenders for a Supreme Court appointment. A pioneer in his own right, Hastie was the first Black territorial governor of the U.S. Virgin Islands, and President Harry Truman appointed him as the first Black judge on the U.S. Court of Appeals for the 3rd Circuit. During John F. Kennedy’s presidency, Hastie was included in the Supreme Court shortlist. However, opposition within the White House and from Chief Justice Earl Warren prevented this from coming to fruition. President Johnson also reportedly considered him, though ultimately opted for Marshall.
Spottswood Robinson III was another notable figure under consideration during Johnson’s administration for the Supreme Court. Robinson’s contributions were significant, especially his collaborative work with Marshall on the landmark Brown v. Board of Education case. Additionally, his tenure at Howard University School of Law, both as a dean and graduate, marked his influence in legal academia. Appointed to the U.S. District Court for the District of Columbia in 1964, Robinson became the first Black judge on that court, and was later elevated to the U.S. Court of Appeals for the District of Columbia Circuit.
Outside of formal consideration, Charles Hamilton Houston was an influential legal figure who shaped American civil rights litigation. Known for his transformative work with the NAACP, Houston was often seen as the “architect” behind dismantling the “separate but equal” doctrine. Although his life was cut short, his impact was profound. Thurgood Marshall himself reflected on Houston’s contributions, emphasizing the pivotal groundwork he laid for future generations.
These narratives highlight the longstanding journey towards diversity and equal representation in the highest echelons of the American judiciary. The confirmation of Justice Ketanji Brown Jackson as the first Black woman on the Supreme Court, marked by four years since her confirmation, underscores the evolutionary arc that the court’s history of nominations reflects.