Reading Comprehension

PT115 · S1 · P2 · Q9 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.

9.

The passage suggests that the scholars referred to in the passage would be most likely to believe which one of the following statements?

  1. Without Marshall’s argument in Shelley

    Out of Scope

    The second half of this is the opposite of what we were hoping for. We could echo the scholars' view that Shelley prepared the court for Brown byy sayin The passage doesn't connect Shelley to political reasons or suggest the court would have ruled differently for political reasons in its absence. Political motivation isn't in the scholars' picture.

    1% picked this

  2. Correct

    Without Marshall’s argument in Shelley

    Why this is right

    Sweet! This is the "flip the causal difference maker" answer we were predicting. We can't prove that "in a counterfactual world where the cause didn't occur, the effect wouldn't occur", but it's supportable / reasonable. The scholars credit Shelley with preparing the court to accept the sociological-data strategy that worked in Brown. So the scholars would naturally believe that, without Shelley, the court probably wouldn't have ruled in Marshall's favor in Brown.

    Skill tested: Non-Author Opinion · how this choice captures the passage's function is the move to repeat next time.

    77% picked this

  3. Without Marshall’s argument in Shelley

    Term Shift

    The "private dealings excused from the equal-protection requirement" is what was in place prior to Shelley. Shelley overturned this previous custom. Without Shelley, private dealings would still be excused.

    6% picked this

  4. Without Marshall’s argument in Shelley

    Too Strong

    The scholars say Shelley prepared the court for Brown. They don't make the much stronger claim that without Shelley, the court would never use sociological data in any future case. That's an absolute claim about all future cases that the passage doesn't support.

    15% picked this

  5. Without Marshall’s argument in Shelley

    Out of Scope

    The scholars' claim is about Brown, not about whether discriminatory housing transactions could have been overturned on other grounds. (E) imagines a counterfactual outcome about housing discrimination that the scholars don't address.

    1% 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