Reading ComprehensionDifficulty: Easy

PT115 S1 P2 Q8 Explanation

Thurgood Marshall

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Passage

Thurgood Marshall’s litigation of Brown v. Board of Education in 1952—the landmark case, decided in 1954, that made segregation illegal in United States public schools—was not his first case before the U.S. Supreme Court. Some legal scholars claim that the cases he presented to the court in the sixteen years before his foundations of discrimination against African Americans that paved the way for success in Brown.

When Marshall joined the legal staff of the National Association for the Advancement of Colored People (NAACP) in 1936, the organization was divided on how to proceed against the legal doctrine that for forty years had promoted “separate but equal” facilities for African Americans in educational institutions, in public transportation, and various real equality and thus to prepare the courts to recognize the validity of the theoretical argument.

While Marshall enjoyed several successes arguing for the equalization of facilities and opportunities in such areas as voting practices and accommodations for graduate students at public universities, it would be twelve years before he evolved a strategy for arguing against pervasive discriminatory practices that enabled him to make the leap from individual to accept such data as convincing evidence for finding “separate but equal” insupportable on its face.

What this question is testing

Locate Detail

Topic

The author is telling a backstage story about how Marshall actually built up to his big Brown v. Board victory — sixteen years of strategic groundwork, not a single courtroom miracle.

Framework

Highlight Noteworthy. The author is sharing scholars' view of how the chess game was played.

Main Point

The simpler version: Brown didn't come out of nowhere. Marshall spent years arguing smaller cases that taught the court how to think about discrimination. The most important step was Shelley v. Kraemer in 1948, where he got the court to accept a new kind of evidence — sociological data showing patterns of discrimination across many small transactions. That same evidence approach is what later worked in Brown.

P1: The scholarly take

Some scholars say Marshall's earlier cases were necessary preparation for Brown. Each one was a test, an erosion of the legal foundation of discrimination.

P2: Marshall's strategy choice

Inside the NAACP, two approaches competed. The first: keep showing that "separate" facilities aren't actually "equal" — get them improved. The second: argue the whole "separate but equal" idea is logically broken. Marshall thought option two would eventually win, but he played option one first to teach the courts how segregation actually denied equality.

P3: The breakthrough strategy

In 1948, Marshall got the court to outlaw private housing discrimination using a new tool — sociological data. He showed that lots of individual transactions added up to a pattern of discrimination that the law had to recognize. He brought the same approach to Brown, and scholars say the Shelley win is what prepared the court to accept that kind of evidence as a basis for striking down "separate but equal."

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
8.

According to the passage, sociological data presented by Marshall in Shelley v.

Answer choices

  1. Outside Support Window: public schools3% picked this

    numerous examples of individual discriminatory enrollment policies in public schools amounted to a general

    The sociological data is about housing discrimination, not public schools.

  2. Correct82% picked this

    numerous examples of individual discriminatory transactions by private parties amounted to a general pattern

    Why this is right

    This is basically a very close paraphrase of the detail. in sum and over time, these individual transactions [housing discrimination practiced by private parties] = numerous examples of individual discriminatory transactions by private parties. constituted a pattern of insupportable discrimination = amounted to a general pattern of housing discrimination

    Skill tested: Locate Detail · how this choice captures the passage's function is the move to repeat next time.

  3. Opposite (if anything)2% picked this

    the legal requirement for equal treatment of citizens was not applicable

    This is not a match for our detail, "these individual transactions constituted a pattern of insupportable discrimination". In fact, this data is ultimately used to show that the legal requirement for equal treatment SHOULD be applicable to private dealings too.

  4. Unsupported Causality1% picked this

    the pattern of discrimination in housing transactions was due to inequities

    Unsupported Causality: due to Out of Scope: inequities in resources Nothing in this sentence is saying that unequal access to money caused the pattern of discrimination in housing transactions.

  5. Outside Support Window: public schools13% picked this

    the pattern of discrimination in the enrollment policies of public schools was similar to the pattern of insupportable

    The sociological data is about housing discrimination, not public schools.

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