Ginsburg Discusses Litigation as Driver of Policy Change in Columbia Law Panel
In the decades since U.S. Supreme Court Justice Ruth Bader Ginsburg was a litigator fighting for equal rights for women, the field of interested parties has grown on both sides of the political spectrum, which often means a larger stack of amicus briefs for the high court to sift through.
September 21, 2018 at 07:44 PM
6 minute read
In the decades since U.S. Supreme Court Justice Ruth Bader Ginsburg was a litigator fighting for equal rights for women, the field of interested parties has grown on both sides of the political spectrum, which often means a larger stack of amicus briefs for the high court to sift through.
But speaking on Friday at a panel discussion at Columbia Law School on how impact litigation can affect public policy change, Ginsburg said the proliferation of interest groups involved with litigation has been “worrisome” in some instances, citing the high court's split ruling this year in a case to strike down a California law requiring “crisis pregnancy centers,” which do not provide abortions and oppose them, to post notices that reproductive services are available elsewhere.
“That was attacked on free speech grounds compelling people to speak,” said Ginsburg, who was in the four-justice minority voting to uphold the California law.
Ginsburg took part in the panel discussion, which attracted more than 1,000 attendees, alongside Lee Gelernt, deputy director of the American Civil Liberties Union Immigrants' Rights Project; Olatunde Johnson and Gillian Metzger, both professors at Columbia Law; and Nancy Northup, president and CEO of the Center for Reproductive Rights.
Aside from the explosion of interest groups—which Northup said has made impact litigation resemble a game of three-dimensional chess—in impact litigation today, the panelists also hit on a wide range of topics, including the role of media attention in bringing impact litigation; Gelernt said that the advent of social media has created a dizzying array of sources of information, which has made it increasingly difficult to control the narrative surrounding their cases.
Additionally, Gelernt said, there's a sense these days among some lawyers that some cases aren't worth taking if they don't trigger a media blitz or go viral.
“I do feel that everyone wants to bring a case now that will blow up the social media world, and that's a dangerous thing I think I see for young lawyers starting out now in public interest law,” Gelernt said.
But while Ginsburg didn't have to worry about Twitter in the 1970s, she said that wrangling the media and educating the public was a persistent challenge for litigators in those days—in her case, she said, it was dispelling the notion that women somehow had any easier go of it because they weren't expected to do things like serve on juries.
Like most recent public appearances by Ginsburg and her colleagues on the court, the justice steered away from saying anything that might be construed as controversial.
When asked by Columbia Law Dean Gillian Lester what she sees on the horizon in public policy litigation, Ginsburg declined to comment.
Ginsburg's fellow panelists, though, said they foresee economic justice as an issue that will be a growing issue for impact litigation in the years to come.
Johnson said that, while it may not be clear at this point what role the courts can play in the realm of economic justice, some issues that may come to the fore are fair wages, indigent defense and bail reform, as well as the potential for proposed constitutional provisions.
Ginsburg's appearance at Columbia Law comes as the U.S. Senate continues confirmation hearings for the embattled D.C. Circuit Judge Brett Kavanaugh, who President Donald Trump has nominated to replace the retiring Justice Anthony Kennedy.
Ginsburg has spoken out about the evolution of the confirmation process into a “highly partisan affair.”
When asked by Lester about her views on the process, Ginsburg said that, with regard to her own confirmation process a quarter century ago, she wouldn't provide a preview of how we should decide because fellow justices would “no doubt” move to recuse her from cases.
“For me to give an off-the-cuff answer, that would be improper,” Ginsburg said.
While the impact of litigation on policy change was the theme of the panel, some attendees admitted that they were there to share the air with a justice who has emerged in recent years as a cultural icon for younger generations.
“I could hear her talk about anything, pretty much,” said Aryeh Mellman, a 2L at Columbia Law.
Regina Chong, an LL.M. at Columbia Law, also said that Ginsburg's celebrity was a draw, but said the topic was especially prescient now as Ginsburg faces the prospect of having a new colleague on the court that could solidify a conservative majority that many observers view as a threat to abortion rights.
“We want to hear what she has to say about how that could change,” Chong said.
Thomas White, a Washington, D.C., corporate lawyer and 1978 graduate of Columbia Law who took constitutional law and civil procedure classes from Ginsburg during his time in school, said he attended with the hope that she might say on what could happen with a new conservative majority on the court and how it may affect the accomplishments for social justice that have occurred through Ginsburg's career.
“Frankly I don't think it's going to be positive,” White said.
Read More:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBig Law Partner Presented With State Bar's Scheindlin Award
'A World of Credit': Ex-FTX Executive Gary Wang Sentenced to Time Served Following Cooperation
Manhattan Prosecutors Say They Will Oppose Efforts by Trump Legal Team to Dismiss Case
Trending Stories
- 1Why Is It Becoming More Difficult for Businesses to Mandate Arbitration of Employment Disputes?
- 2The Whys and Hows of a Mediator’s Proposal
- 3Litigators of the Week: A Trade Secret Win at the ITC for Viking Over Promising Potential Liver Drug
- 4Litigator of the Week Runners-Up and Shout-Outs
- 5'The Show Must Go On': Solo-GC-of-Year Kevin Colby Pulls Off Perpetual Juggling Act
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250