In case you had any doubts about the new Supreme Court,
the past couple of weeks have confirmed our worst fears: The pendulum has swung
far to the right. That is why we have to roll up our sleeves and work as hard
as we have ever worked before.
We understood the risks.
Lambda Legal opposed President Bush’s new appointees, Chief Justice John G.
Roberts and Justice Samuel A. Alito, and worked with other groups to raise
important questions about their judicial philosophies.
What we didn’t know was how
fast the new conservative majority would act to roll back historic civil rights
principles — in the words of Justice Stephen G. Breyer: “It is not often in the
law that so few have so quickly changed so much.” The irony is that our
opponents call jurists on our side “activist judges”!
Breyer was referring to the
court’s 5-4 decision that invalidated school integration plans in Seattle and
Louisville, Kentucky, but his words are an apt summary of the entire term. In
fact, according to the New York Times, one third of the court’s
decision’s were decided by 5-4 margins and most along ideological lines. Justice
Anthony M. Kennedy (the author of Lambda Legal’s historic Supreme Court victory
striking down all sodomy laws) has taken up the mantle of the vital swing vote
— and he is proving to be more conservative than his predecessor in this role,
Sandra Day O’Connor.
In addition to striking
down certain school integration plans, the court curtailed taxpayers’ right to
challenge the president’s use of federal money for faith-based initiatives, limited
people’s ability to bring employment discrimination lawsuits and put women’s
reproductive health and rights at risk by upholding the so-called federal
Partial-Birth Abortion Ban Act.
Fair and impartial courts are
vital to our democracy, and at Lambda Legal we take the fight for fair courts seriously.
Through our Courting Justice project, we continue to work on several levels. While
the Supreme Court often steals the limelight, other federal and state judicial
nominations are also important. (Remember only 60 or so cases are decided by
the Supreme Court every year while thousands terminate at lower federal courts;
additionally state courts have the final say in many matters affecting LGBT
people and those with HIV.)
Lambda Legal has taken an active
role in speaking out about nominations in the past few years, sometimes
opposing candidates and other times pushing Congress to ask tough questions of
nominees. Most recently we submitted questions to Senator Patrick J. Leahy
(D-Vermont) concerning the nomination of Fifth Circuit nominee Leslie
Southwick. At issue for us was a ruling Southwick joined saying a mother’s
bisexuality could be a factor in a custody lawsuit. A few of our questions made
it word for word into the public record, and although Southwick’s fate is still
unclear, we are confident that our voice made a difference.
As we continue to lay the
groundwork for fair courts in the nominations process, we are equally committed
to helping people understand why courts matter and how decisions at every level
affect people’s lives. Lambda Legal’s “Life Without Fair Courts,” comic strip series
offers a surreal take on what life would be like without certain precedent-setting
decisions. We’re also running an illustration contest where we’ve asked people
to give us their take on “Life Without Fair Courts.”
We hope the comics will make
people laugh, but more importantly, we hope they deliver the message that fair
courts are a crucial component of our democracy and often the last bastion of
hope for those who’ve been denied fundamental rights.
We know what it means to support
“fair and independent courts.” It does not mean that the LGBT community
will win every court battle or that judges will always agree with our
positions. What it does mean is that the Supreme Court and every other
court in our country must uphold our Constitution for all people. Our courts
must hear all voices and protect the rights of everyone, regardless of whether
the people seeking their protection are in the majority or the minority.