Anxiety and Hope: Appellate Experts on Litigating LGBT Rights in Post-Kennedy Supreme Court
Given the makeup of the U.S. Supreme Court, with the more conservative Justice Brett Kavanaugh replacing Justice Anthony Kennedy and with President Donald Trump's other appointment of Justice Neil Gorsuch, “the fear is that [the justices] are going to actively take up cases” and issue rulings that will undercut gay and transgender-rights issues “that we've already won," a panelist said.
April 30, 2019 at 07:11 PM
6 minute read
The original version of this story was published on New York Law Journal
Speakers at an American Bar Association-sponsored panel Tuesday on litigating LGBT-rights issues before a post-Justice Anthony Kennedy U.S. Supreme Court expressed anxiety and some strains of hope for current and future cases.
At the same time, they outlined litigation strategies that included both moving the fight back to the state courts and directing the federal courts to precedent that Kennedy often helped create.
“The Supreme Court is not the only court in the country,” said panelist Joshua Matz, an appellate and constitutional litigator at Kaplan Hecker & Fink and a former law clerk to Justice Anthony Kennedy, who was known for being both a gays-rights champion and a crucial swing vote on the high court.
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