"Mere access to the courthouse doors does not by itself assure a proper functioning of the adversary process"
About this Quote
The specific intent is institutional: to remind judges and lawmakers that procedure isn’t neutral when resources are unequal. An “adversary process” presumes competent counsel, time to investigate, the ability to gather evidence, and the practical freedom to participate without intimidation or poverty closing in. If one party arrives with a legal team and the other arrives with confusion, missed work, and a public defender juggling impossible caseloads, the contest becomes theater. The doors are open; the outcome is still preloaded.
Marshall’s subtext carries his biography. As the NAACP’s chief strategist against Jim Crow, he knew access could be nominal - courts theoretically available, yet structurally hostile through segregation, cost, delay, and local power. As a Supreme Court Justice, he saw the modern version: rights without enforcement, precedents without funding, due process without capacity.
Rhetorically, the sentence is a lever. It forces the listener to look past symbolic inclusion and toward the conditions that make law operational. Justice, Marshall implies, is not an address. It’s an infrastructure.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
| Cite |
Citation Formats
APA Style (7th ed.)
Marshall, Thurgood. (2026, January 15). Mere access to the courthouse doors does not by itself assure a proper functioning of the adversary process. FixQuotes. https://fixquotes.com/quotes/mere-access-to-the-courthouse-doors-does-not-by-160066/
Chicago Style
Marshall, Thurgood. "Mere access to the courthouse doors does not by itself assure a proper functioning of the adversary process." FixQuotes. January 15, 2026. https://fixquotes.com/quotes/mere-access-to-the-courthouse-doors-does-not-by-160066/.
MLA Style (9th ed.)
"Mere access to the courthouse doors does not by itself assure a proper functioning of the adversary process." FixQuotes, 15 Jan. 2026, https://fixquotes.com/quotes/mere-access-to-the-courthouse-doors-does-not-by-160066/. Accessed 12 Feb. 2026.



