Reading Comprehension

PT115 · S1 · P2 · Q8 Thurgood Marshall

A free, expert breakdown of this official LSAT Reading Comprehension question.

  • Save & drill this skill build targeted practice sets from questions like this one

  • Video walkthroughs watch every question solved step by step

  • 81 official LSATs as questions, timed sections & full-length tests

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.

Topic

How Thurgood Marshall's pre-Brown cases — especially Shelley v. Kraemer (1948) — laid the groundwork for the desegregation victory in Brown v. Board of Education (1954).

Framework

Highlight Noteworthy. The author shares the view of "some legal scholars" that Marshall's earlier cases were necessary forerunners — and walks through the strategic story.

Main Point

Marshall's sixteen years of pre-Brown work — particularly the sociological-data strategy he developed in Shelley v. Kraemer — paved the way for his successful argument against "separate but equal" in Brown.

P1: The scholars' claim

Marshall's pre-Brown cases were necessary forerunners — preliminary tests of legal strategies and early erosions of the foundation of discrimination.

P2: Two approaches inside the NAACP

When Marshall joined NAACP staff in 1936, the organization was split: (1) emphasize that facilities aren't in fact equal, suing for practical improvements; (2) argue that "separate but equal" is intrinsically self-contradictory and thus legally unsound. Marshall thought (2) would ultimately repeal the doctrine, but used (1) in the short term to demonstrate to courts how segregation prevented real equality.

P3: The breakthrough — Shelley v. Kraemer (1948)

After 12 years of equalization successes, Marshall evolved a strategy in Shelley v. Kraemer: he convinced the court to outlaw private housing discrimination by presenting sociological data showing that individual transactions, in sum and over time, formed a pattern of insupportable discrimination. Marshall used this same strategy in Brown; scholars argue the success in Shelley prepared the court to accept such data as convincing evidence for finding "separate but equal" insupportable on its face.

8.

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

  1. numerous examples of individual discriminatory

    Outside Support Window: public schools

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

    3% picked this

  2. Correct

    numerous examples of individual discriminatory

    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.

    83% picked this

  3. the legal requirement for equal

    Opposite (if anything)

    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.

    1% picked this

  4. the pattern of discrimination in

    Unsupported Causality

    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.

    1% picked this

  5. the pattern of discrimination in

    Outside Support Window: public schools

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

    13% picked this

Continue the review in LSAT Lab

Save this question, watch the video walkthrough, and drill similar questions in your LSAT Lab account.

LSAT Lab

Turn this review into a targeted study plan.

Save this question, drill more like it, watch the video walkthrough, and track your progress in your LSAT Lab account.

Start practicing free