‘Excessive,’ ‘Unnecessary,’ and ‘Shocking to [the] Conscience’: Thurgood Marshall’s Unending Fight Against the Death Penalty

Thurgood Marshall opposed the death penalty. As the only Supreme Court justice to have litigated a death-penalty case, Marshall knew firsthand the “extraordinary unfairness that ... surrounds the administration of the death penalty.” This knowledge made Marshall a dedicated foe of capital punishment. Whether in the majority or (more often) in dissent, Marshall consistently ruled the death penalty unconstitutional. For Marshall, the matter was clear-cut and obvious: the death penalty was “an excessive and unnecessary punishment that violates the Eighth Amendment.” This talk will explore Marshall’s death penalty jurisprudence, describing his unsuccessful 20-year fight to end capital punishment in America.