ABA Panel on LGBT-Rights Litigation Expresses Anxiety and Hope for Post-Kennedy Supreme Court
Given the makeup of the U.S. Supreme Court, “the fear is that [the justices] are going to actively take up cases” and hand down rulings that will undercut gay and transgender-rights issues “we've already won," a panelist said.
April 30, 2019 at 07:11 PM
7 minute read
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 helped to 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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