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Burke Marshall

Burke Marshall (October 1, 1922 – June 2, 2003) was an American lawyer who served as the United States Assistant Attorney General for the Civil Rights Division during the Civil Rights Movement. He was a confidante of the Kennedy family.

Marshall was born in Plainfield, New Jersey. He attended Phillips Exeter Academy, graduating in 1940, and received a BA from Yale University in 1943. He joined the army, working in the intelligence corps as a Japanese translator and cryptoanalyst. It was during his military service that he met Violet Person, whom he later married.

After World War II, Marshall returned to Yale Law School, earning his LL.D. in 1951; he was admitted to the Washington, D.C., bar the same year, joining the Washington-based law firm of Covington & Burling in 1952, where he worked for ten years, specializing in antitrust law for clients such as Standard Oil.

Marshall was appointed Assistant Attorney General in 1961 by Robert F. Kennedy, who was Attorney General in President John F. Kennedy's administration. Despite Marshall's lack of civil rights experience, he was put in charge of the Civil Rights Division, as Robert Kennedy had already decided not to appoint a known rights leader.

The relationship between Marshall and Kennedy had a difficult beginning. During their initial meeting, little was said, with Kennedy remarking, "I have nothing in common with that man." However, as the civil rights movement heated up in the South, events brought them together.

During his time in government, Marshall was a significant contributor to a number of advances in civil rights. In 1961, racial segregation on interstate travel was banned. The following year, the University of Mississippi was forced to admit James Meredith, a well-qualified black student. Marshall and the Attorney General persuaded President Kennedy to enforce the order using federal troops.

Marshall also ran a campaign to increase voter registration by blacks. Within two years of coming into office, he had launched 42 federal lawsuits against states to reform their electoral legislation.

Marshall's focus was on results. He argued to not use the Fourteenth Amendment to overcome discrimination, instead favoring the federal government's constitutional power to regulate interstate commerce. As that power was reserved to the government, states had few legal options of recourse. Marshall used it as a basis to write the 1964 Civil Rights Act, which prohibited discrimination in public facilities, in government and in employment.

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