Folksy and charming, Fishburne
begins with a litany of the “distinctive names” in his family, such as
Isaiah Olivebranch Williams and someone named “Fearless.” Marshall himself
was named Thoroughgood, but by the time he got to second grade he had
decided it was too long to spell, and so he changed it to Thurgood.
Marshall was born in Baltimore,
which at that time was called “up South” because it was where slaves from
the Deep South went when they ran away from their owners. Marshall’s great
grandfather was one of those slaves.
His father was a railroad porter
and for a time Marshall worked as a dining car waiter, but his ambition
was always focused on the law, with special emphasis on the Constitution.
(As a child, he had been “punished” for misbehavior by having to memorize
a portion of that document, and by the time he finished high school he
could recite it all by heart.)
At Lincoln College, an “all Negro
college with all white professors,” he was pinned to seven coeds at the
same time. But he also spent time with his friend and classmate Langston
Hughes, the poet and writer who made his mark during the Harlem
Renaissance of the 1920s. It was Hughes who inspired in Marshall the
belief that “one person can make a difference.”
Having graduated from Lincoln,
Marshall applied to the University of Maryland’s Law School, but was
turned down because of his race. So he went to Howard University, which
was known as “the dummies’ retreat” and graduated at the top of his class.
(Many years later, as a famous practicing lawyer, Marshall had the
satisfaction of winning the case that forced the University of Maryland to
accept Negro students.) But it was at Howard that he met the man who would
be his lifelong friend and mentor, Professor Charlie Houston. It was
Houston who taught him that “the law is a weapon,” and that he could use
it to obtain justice. “A man who is not a social engineer,” Houston said,
“is a social parasite.”
And so Marshall used his love
affair with the 14th Amendment to win some of his most outstanding cases.
It is the 14th Amendment that broadens the definition of “citizenship” to
include blacks and introduces both the Due Process Clause, which requires
substantive due process before an individual or corporation can be
deprived of life, liberty or property, and the Equal Protection Clause,
which provides for equal protection for all citizens under the law. It was
by citing this amendment that Marshall won first, equal pay for his
mother, a Negro school teacher, and later, the famous Brown v Board of
Education case by which the U.S. Supreme Court mandated the end of racial
segregation in the schools.
As Chief Counsel for the National
Association for the Advancement of Colored People (NAACP), Marshall
traveled some 100,000 miles a year to change the laws that prevented
Negroes from voting. “Without the ballot a man is not a citizen,” he
insisted. And as a civil rights activist he won his first case before the
Supreme Court at the age of 32.
Appointed Solicitor General by
President Lyndon Baines Johnson in 1965, he served only two years before
LBJ tapped him to be the first African-American to sit as an Associate
Justice on the U.S. Supreme Court. He held that post for 24 years.
All this history is presented
with much emotion and humor by Fishburne, and even though the setting by
Allen Moyer is relatively static, the story is consistently engrossing.
Director Leonard Foglia keeps Fishburne bouncing around, modulating his
enthusiasms and disappointments and rendering Marshall’s actual arguments
simply and effectively.
But the prize goes to playwright
George Stevens, Jr., who authored this demanding stage piece. Stevens won
an Emmy for the miniseries Separate but Equal, which told the Brown v
Board of Education story, and is the founder of the American Film
Institute, and creator and producer of the Kennedy Center Honors. He has
won 12 Emmys, eight awards from the Writers Guild of America, two Peabody
awards, and was named by President Obama as co-chair of the President’s
Committee on the Arts and Humanities.
Thurgood is a must-see for
history buffs. It will continue at the Geffen Playhouse, 10886 Le Conte
Avenue, in Westwood, Tuesdays through Fridays at 8 p.m., Saturdays at 3
and 8 p.m., and Sundays at 2 and 7 p.m. through August 8th. Call the box
office at (310) 208-5454 daily between noon and 6 p.m. to order tickets.
Comments? Write to us at:
Letters@ReviewPlays.Com