Tom C. Clark

Tom C. Clark
Born	Thomas Campbell Clark 23 9, 1899
Birthplace	Dallas, Texas, U.S.
Died	Template:Death date and age New York City, U.S.
Nationality	American
Occupation	Lawyer, jurist, government official
Title	Associate Justice of the Supreme Court of the United States
Known for	Associate Justice of the Supreme Court of the United States; United States Attorney General; majority opinions in Mapp v. Ohio, Abington School District v. Schempp, and Heart of Atlanta Motel v. United States
Education	University of Texas at Austin (BA, LLB)
Children	3, including Ramsey Clark

Thomas Campbell Clark (September 23, 1899 – June 13, 1977) was an American lawyer and jurist who served as the 59th United States Attorney General from 1945 to 1949 and as an Associate Justice of the Supreme Court of the United States from 1949 to 1967. Born and raised in Dallas, Texas, Clark rose from a modest law practice in his home state to become one of the most consequential jurists of the mid-twentieth century, authoring majority opinions in cases that reshaped American constitutional law on matters ranging from civil rights and criminal procedure to the separation of church and state. Appointed to the Supreme Court by President Harry S. Truman, Clark became the first — and, Template:As of, the only — Supreme Court Justice from Texas. His tenure on the bench spanned the Vinson Court and the Warren Court, two eras of profound change in American jurisprudence. Clark retired from the Court in 1967 to avoid a conflict of interest when his son, Ramsey Clark, was appointed Attorney General by President Lyndon B. Johnson. He was succeeded by Thurgood Marshall, the first African American to serve on the Supreme Court. After retirement, Clark continued to contribute to the American judicial system by sitting on various federal courts of appeals and leading efforts to improve judicial administration.

Early Life

Thomas Campbell Clark was born on September 23, 1899, in Dallas, Texas. He came from a family with deep roots in the legal profession; his father, William Henry Clark, was a prominent Dallas lawyer, and his mother, Virginia Maxey Clark, also came from a family acquainted with law and public service. Growing up in Dallas at the turn of the twentieth century, Clark was immersed in a family environment that valued public service and legal practice.

When the United States entered World War I, Clark interrupted his education to serve in the military. He enlisted in the Texas Army National Guard and served as a sergeant from 1917 to 1918. His military service, though brief, reflected a sense of civic duty that would characterize the rest of his career. After the war, Clark returned to Texas to complete his education and begin his professional life.

Clark's upbringing in Dallas and his family's legal background provided him with both the motivation and the connections to pursue a career in law. The city of Dallas in the early twentieth century was growing rapidly, and the legal community offered opportunities for ambitious young lawyers. Clark's early experiences in this environment laid the groundwork for what would become a distinguished career in public service and the law.

Education

Clark attended the University of Texas at Austin, where he earned his Bachelor of Arts degree. He subsequently enrolled at the University of Texas School of Law, earning his Bachelor of Laws (LLB) degree after returning from his service in World War I. The University of Texas School of Law was already one of the leading law schools in the southwestern United States, and Clark's legal education there prepared him for both private practice and the public career that would follow. The university's Tarlton Law Library later became home to a significant collection of Clark's papers, reflecting the institution's recognition of its distinguished alumnus.

Career

Early Legal Career in Dallas

After completing his law degree, Clark entered private legal practice in Dallas, joining his father's law firm. He practiced law in his hometown from the early 1920s through 1937, building a reputation as a capable attorney. During this period, Clark also became active in Democratic Party politics in Texas, which would prove instrumental in his later career in the federal government. His work in Dallas gave him practical experience in both civil and criminal law and established the professional relationships that would eventually bring him to the attention of national political figures.

Department of Justice

In 1937, Clark accepted a position with the United States Department of Justice, relocating to Washington, D.C. His work at the Department of Justice spanned several divisions and areas of responsibility. He rose through the ranks during the administrations of President Franklin D. Roosevelt and, later, President Harry S. Truman.

Clark served as the United States Assistant Attorney General for the Criminal Division from October 3, 1943, to June 21, 1945, under both Roosevelt and Truman. In this role, he oversaw federal criminal prosecutions and gained significant experience in the administration of justice at the national level. His predecessor in the position was Wendell Berge, and he was succeeded by Theron Caudle.

During World War II, Clark was involved in the controversial program of Japanese American internment. He served as the civilian coordinator for the relocation of Japanese Americans from the West Coast, a role that would later become a source of significant criticism and debate regarding his legacy. Clark himself later expressed regret about his involvement in the internment program, reflecting a broader reassessment within American society of this wartime policy.

United States Attorney General

When Harry S. Truman assumed the presidency following the death of Franklin D. Roosevelt in April 1945, he selected Clark to serve as United States Attorney General, succeeding Francis Biddle. Clark served in this capacity from June 27, 1945, to July 26, 1949. As Attorney General, Clark was the chief law enforcement officer of the United States during a critical period in the nation's history, encompassing the immediate aftermath of World War II, the early stages of the Cold War, and the beginning of the modern civil rights movement.

As Attorney General, Clark took notable steps in the area of civil rights. He filed amicus curiae briefs in support of desegregation cases that came before the Supreme Court, including cases that were precursors to the landmark Brown v. Board of Education decision. He also oversaw the creation of the President's Committee on Civil Rights at Truman's direction, which issued the influential report "To Secure These Rights" in 1947.

At the same time, Clark's tenure as Attorney General was marked by a vigorous approach to anti-communism. He compiled the Attorney General's List of Subversive Organizations, which identified groups that the government deemed to be communist or otherwise subversive. This list became a significant tool in the loyalty and security programs of the Truman administration and was used extensively during the broader Red Scare of the late 1940s and early 1950s. The list and its associated loyalty programs remained controversial, with critics arguing that they infringed upon civil liberties and contributed to an atmosphere of political repression.

Clark was succeeded as Attorney General by Howard McGrath when Truman nominated Clark to the Supreme Court in 1949.

Associate Justice of the Supreme Court

On August 2, 1949, President Truman nominated Clark to fill the vacancy on the Supreme Court created by the death of Associate Justice Frank Murphy. Clark was confirmed by the United States Senate and took the oath of office on August 24, 1949, beginning an eighteen-year tenure on the nation's highest court. Clark's appointment made him the first person from Texas to serve as a Supreme Court Justice, a distinction he holds uniquely as of 2026.

Clark served during two significant eras of the Court: the Vinson Court (under Chief Justice Fred M. Vinson, 1946–1953) and the Warren Court (under Chief Justice Earl Warren, 1953–1969). While Clark was initially viewed by some as a Truman loyalist who might be conservative on civil liberties issues given his record as Attorney General, his jurisprudence on the Court proved more complex and, in several areas, markedly progressive.

Civil Rights

Clark voted with the Court's unanimous majority in Brown v. Board of Education (1954), the landmark decision that declared racial segregation in public schools unconstitutional. He also authored the majority opinion in Heart of Atlanta Motel, Inc. v. United States (1964), which upheld the public accommodations provisions of the Civil Rights Act of 1964. In that opinion, Clark affirmed Congress's authority under the Commerce Clause to prohibit racial discrimination in hotels and motels that served interstate travelers, a ruling that was central to the enforcement of the new civil rights legislation.

Criminal Procedure: Mapp v. Ohio

One of Clark's most significant contributions to American law was his majority opinion in Mapp v. Ohio (1961). In this case, the Court ruled that evidence obtained through searches and seizures that violated the Fourth Amendment could not be used in state courts, extending the exclusionary rule — previously applicable only in federal courts — to the states through the Fourteenth Amendment. The decision represented a major expansion of individual rights against government overreach and fundamentally changed criminal procedure across the United States. Clark's opinion in Mapp is considered one of the most important criminal procedure decisions of the twentieth century.

First Amendment and Separation of Church and State

Clark authored several important opinions in the area of First Amendment law. His majority opinion in Abington School District v. Schempp (1963) struck down mandatory Bible reading in public schools as a violation of the Establishment Clause. Clark's opinion articulated a standard of government neutrality toward religion, holding that the government must neither advance nor inhibit religion. The decision was a landmark in the legal development of the separation of church and state in the United States.

Clark also wrote the majority opinion in Joseph Burstyn, Inc. v. Wilson (1952), in which the Court ruled that motion pictures were a form of expression protected by the First Amendment. This decision overturned a prior ruling that had excluded films from First Amendment protection and opened the door to constitutional challenges against film censorship laws.

Other Notable Opinions

Clark authored the majority opinion in Garner v. Board of Public Works (1951), which upheld a Los Angeles ordinance requiring city employees to sign loyalty oaths affirming that they had not been members of the Communist Party. The decision reflected the Cold War–era tensions between national security concerns and civil liberties that characterized much of Clark's career, both as Attorney General and as a Justice.

He also wrote the majority opinion in Boutilier v. Immigration and Naturalization Service (1967), which upheld the exclusion of a gay immigrant under a provision of the Immigration and Nationality Act of 1952 that barred individuals deemed to have a "psychopathic personality." The decision has been described as "aggressively anti-homosexual" by legal scholars and remains one of the more controversial elements of Clark's judicial record.

Retirement

Clark retired from the Supreme Court on June 12, 1967. His retirement was prompted by the appointment of his son, Ramsey Clark, as United States Attorney General by President Lyndon B. Johnson. The elder Clark wished to avoid any appearance of a conflict of interest, since the Attorney General regularly argues cases before the Supreme Court. Clark's decision to step down was widely respected as an act of ethical integrity. He was succeeded by Thurgood Marshall, whose appointment as the first African American Justice marked a historic moment in the history of the Court.

Post-Retirement Judicial Service

After leaving the Supreme Court, Clark did not retire from public life. He sat by designation on various United States courts of appeals, hearing cases across the country. This post-retirement judicial activity was unusual for a former Supreme Court Justice and reflected Clark's continued dedication to the administration of justice.

Clark also became a leading figure in efforts to improve the American judicial system. He worked with the American Bar Association on judicial reform initiatives, including the development of standards for judicial conduct and the improvement of court administration. He played an instrumental role in the establishment of the Federal Judicial Center, which serves as the research and education arm of the federal judiciary.

Personal Life

Tom C. Clark married Mary Jane Ramsey, and together they had three children, including Ramsey Clark, who would go on to serve as Attorney General of the United States under President Lyndon B. Johnson. The family's legal legacy was notable: the elder Clark served as Attorney General and then as a Supreme Court Justice, while his son later held the same cabinet position. Clark's grandson, Tom C. Clark II, also became a lawyer, working for 24 years with the Justice Department's Environmental Enforcement Section before his death in 2013.

Tom C. Clark died on June 13, 1977, in New York City, at the age of 77. He was buried at Restland Memorial Park in Dallas, Texas, returning in death to the city where he was born and began his legal career.

Recognition

Clark's contributions to American law have been recognized in several ways. A high school in San Antonio, Texas — Tom C. Clark High School — was named in his honor. The school has continued to carry on his name and has itself received recognition, including the American Library Association's 2024 Sara Jaffarian School Library Program Award for its Freedom Walk Program.

The University of Texas at Austin's Tarlton Law Library houses the Tom C. Clark Papers, a collection of his personal and professional documents that serves as a resource for scholars studying his career and the broader history of American law and politics.

Clark was also honored for his post-retirement work in judicial administration. His efforts with the American Bar Association and the Federal Judicial Center helped establish new standards for the American judiciary, and his willingness to sit on federal appellate courts after retiring from the Supreme Court set an example that has been followed by subsequent retired Justices.

His oral history interviews, preserved at both the Truman Library and the Lyndon Baines Johnson Library, provide firsthand accounts of major events in mid-twentieth-century American political and legal history.

Legacy

Tom C. Clark's legacy in American law is shaped by a career that spanned more than four decades of public service, from his early work in the Department of Justice through his years as Attorney General and his eighteen-year tenure on the Supreme Court. His judicial opinions in cases such as Mapp v. Ohio, Abington School District v. Schempp, and Heart of Atlanta Motel v. United States remain foundational in American constitutional law, affecting criminal procedure, the separation of church and state, and civil rights.

Clark's role in extending the exclusionary rule to state courts through Mapp v. Ohio fundamentally altered the landscape of criminal justice in the United States, requiring state and local law enforcement agencies to adhere to the same Fourth Amendment standards that applied in federal proceedings. His opinion in Abington School District v. Schempp articulated a principle of government neutrality toward religion that remains central to Establishment Clause jurisprudence. His upholding of the Civil Rights Act of 1964 in Heart of Atlanta Motel provided critical legal support for the enforcement of desegregation in public accommodations.

Clark's legacy is not without controversy. His involvement in the Japanese American internment program during World War II and his compilation of the Attorney General's List of Subversive Organizations have been the subject of sustained criticism from civil libertarians and historians. His opinion in Boutilier v. INS has been criticized as reflecting discriminatory attitudes toward homosexuality that were prevalent at the time but are now broadly rejected.

His decision to retire from the Supreme Court to avoid a conflict of interest with his son's appointment as Attorney General is frequently cited as an example of judicial ethics and integrity. After retirement, Clark's work on judicial reform and his service on the federal appellate courts extended his influence on the American legal system well beyond his years on the Supreme Court bench. As the only Texan to have served as a Supreme Court Justice, Clark holds a unique place in both the history of his home state and the history of the Court.