Friday Note

Beyond the Sigh of Relief...

Earlier this week, People For the American Way Foundation hosted -- and I moderated -- a panel at the National Press Club to discuss what the election of Barack Obama means for the future of the Supreme Court and what kind of justices we should be fighting for. The event's title, "Beyond the Sigh of Relief," says a lot in itself, and it's fantastic that our conversation could focus on the prospects for a return to justice on the High Court rather than strategizing about how to forestall complete disaster.

I hope to have video of the full discussion to share with you in a week or two. The next day, Maryland State Senator and Constitutional Law Professor Jamin Raskin (who was on the panel) and I were on Pacifica Radio in a very substantive joint interview on the same topic. You can listen to that segment here.

Sen. Raskin is also the director of the Marshall-Brennan Constitutional Literacy Project and shares my passion for civic education -- I've known and worked with him for years, going back to my time at Justice Talking. The other phenomenal panelists were: Julius Chambers, former director of the NAACP Legal Defense Fund and founder of Ferguson Stein Chambers Gresham & Sumter PA; John Payton, President, NAACP Legal Defense and Educational Fund; and one of the finest Court journalists out there, Dahlia Lithwick, Senior Editor of Slate.

Any conversation about the future of the Court needs to start with acknowledging the voter mandate Obama received on Election Day to appoint judges with a strong commitment to constitutional rights and values. Redefining the conventional wisdom that the Supreme Court is an issue that only the Right Wing cares about, this time it was Obama voters who said that the Court was extremely important to them.

Here were a few quick highlights from the rest of the event:

  • Julius Chambers made some great points about the Court's role in protecting the poor. It's not just disputes over civil rights for minorities, workers rights and environmental protections on which the Court must sometimes weigh in when the government or companies violate constitutional rights. The poor deserve to be protected by the Constitution like we all do, and too often, they certainly do not receive equal justice under the law.
  • There was much discussion about promoting racial and gender diversity on the Court and there was a consensus among us that race, religion, gender and even sexual orientation could be important considerations because they can bring different perspectives to the Court. John Payton in particular stressed just how vital this diversity of perspectives is in having a Court that functions for the best benefit of the people and the law. We also speculated on the pedigrees and career tracks of recent and not so recent nominees -- why should they all come from the corporate world or the major law firms? There are tremendous lawyers working to advance justice at places like nonprofit organizations and unions.
  • Dahlia Lithwick stressed that we need to make sure people know that the judicial philosophies we believe in are based on rigorous interpretation and a sincere love of the Constitution. The public debate over judicial philosophies has too often bought into the Right's claims that so-called "strict constructionism" is the only rigorous approach to the Constitution. But the ideals embodied in both the main articles of the Constitution and the amendments are what John Payton referred to as "aspirational" -- and it's that aspirational view of the law and justice that we subscribe to and that we think President-elect Obama does as well. It's an understanding that the Constitution is a guardian of rights and opportunity for all Americans, including those without much power in our society.

The stimulating conversation left me feeling optimistic about advancing the constitutional principles that have been under attack from right-wing organizations and the Bush administration. After eight years of seeing right-wing ideologues nominated to the federal bench, there is immense opportunity to restore constitutional values. The only thing standing in our way is the Right and the senators who are already gearing up to fight good nominees -- senators like John Kyl (R-AZ), who promised a filibuster of any Court nominee he deemed too liberal... only three days after the election.

People For the American Way will be ready for Sen. Kyl, other right-wing senators and the Right's media echo chamber. Together, we'll make sure President Obama fulfills his mandate to give Americans the Supreme Court justices they deserve.

PFAW

As my daughter would say... OMG!

It's been quite a time here in Washington DC. Lots of excitement in the air about he new administration. People we know and love are taking new jobs with the Obama administration (how good does that sound!) and helping to plan for one of the truly historic changes we've seen in recent years. Staff here at People For are excited about all the opportunities we will have to push some new creative ideas forward, both at the federal level and in the states. And to top that off, I got the news that the National Journal has rated People For the American Way the number one most effective advocacy organization at "winning the ground game" and helping to expand Democratic power this year.

Earlier this week I had another opportunity to celebrate. People For founder Norman Lear and his good friend, poet Maya Angelou, came to my hometown of Philadelphia to be honored with the Marian Anderson Award, which is given to honor people who use art and culture to further social justice.

Norman, of course, broke new ground and social taboos with television programs that provoked countless conversations in American homes, founded People For the American Way, bought and shared with the American public a first printing of the Declaration of Independence, and created Declare Yourself, which got more than 2 million young voters signed up this year. He never stops!

The awards event, as you'd expect, included great music and art, from the Philadelphia Orchestra to hip hop poets and gospel music. I was especially touched by director Jonathan Demme talking about his belief in People For the American Way, the work we do and the television ads he created for us many years ago. 

If this wasn't enough activity for one week, I also spent a rainy Saturday afternoon in Philadelphia protesting the passage of Proposition 8 in California. One of the best parts of the demonstration (about 500 people outside Philadelphia City Hall) was that the event was only one of many demonstrations held across the country on that Saturday. Back in D.C., People For staff and activists joined the local march and many of you were kind enough to share notes and pictures from marches you attended in your communities. Thanks so much. You truly understand how much is at stake if we allow the Right to chip away at the constitutional values that lie at the heart of America.

All in all, this week has been incredibly inspiring. It was truly great to see how appreciated we are at the Marian Anderson event, to see how committed so many of you are to the cause of equality, and knowing that I lead an organization so uniquely qualified to help bring about the positive change this country needs.

We're already seeing a newly energized Radical Right. Although their unpopular president is leaving office, they are already taking aim at the incoming Obama administration. They're digging in their heels to do all they can to keep this country from moving forward. And that's where we come in. As long as the Right is willing to sustain their attacks on constitutional values, we'll need your help to protect them -- it's the American Way.

PFAW

This American Moment

I think one of the most exciting things about the recent presidential election is the amazing number of Americans who have been inspired to get involved -- to work phone banks, join neighbors in door-to-door canvasses, talk to friends about why they were working so hard to achieve change. And on Election Day, we saw that all that work can not only make a difference, it can make history.

I've talked to some friends who were deeply involved in election activities and who are asking, what now? I'd like to offer you an answer.

I take seriously our responsibility to nurture progressive leaders and activists. One way People For the American Way Foundation does that is through our leadership programs like Young People For and the Young Elected Officials Network, which support and mentor outstanding college activists and young public servants. But we also want to give progressive activists of all ages and experience levels an opportunity to volunteer their time to promote constitutional values and progressive change.

We're in the process of developing a national network of Change Agents. We'll supply information and activist tools online, and connect our Change Agents from the across the country with each other. The Change Agent network will be critical in monitoring right-wing attacks on our constitutional values and promoting those same values in your communities, states and on the national level.

Stay tuned for more information in the coming weeks as the program takes shape. The Right is already gearing up to block the change that Americans voted for -- and we can't let them do it.

Even this Election Day reminded us that our constitutional ideals are never safe -- and that promoting those ideals is never a once-and-done process. The bitter defeat of marriage equality in California and the passage of other anti-gay constitutional amendments in other states made it clear that there's still plenty of work to do. But that bad news came with a silver lining. In 2000, California voters backed a ban on gay couples getting married by about 20 percent; this year, after a well-funded campaign of lies by the Right, the ban passed by only four percent. Younger and first-time voters overwhelmingly voted to uphold marriage equality, which means that if we keep pushing, victory will be in our future. I am not selling short the heartache felt by the thousands of Californians who have been denied the opportunity to marry, or the personal heartache I feel on their behalf. But the trend is positive. This is what progress looks like.

And the defeats have sparked an exciting and encouraging outpouring of grassroots action. Tomorrow, there are coordinated rallies going on all around the country in support of LGBT equality -- and in protest of Prop 8's passage. This mini-movement grew out of a few scattered protests when some energized individuals took it upon themselves to launch a web site encouraging people to organize more. Now there are rallies scheduled in cities in all 50 states!

I'll be attending the rally in Philadelphia. I hope you can show up to one near you. Find out more about where they are taking place at http://jointheimpact.wetpaint.com/.

If you do attend a rally, please take pictures and send them my way (or video, via a YouTube or other host site link) along with a note about your experience at Kathryn@pfaw.org.

In the fight for full legal equality and on so many other fronts, whether or not we achieve real and lasting progress is up to us. In Washington, restoring the terrible damage done by the Bush administration needs to be at the top of President-elect Obama's, and the new Congress's, agenda. The fundamental constitutional principles that define us as a nation need to be restored. People For the American Way is collecting petition signatures to make sure this stays a top priority in the transition process -- things are moving fast and key staff positions and appointments are soon to be named so please add your name now.

We'll make history in the next few years, but only with the crucial participation of activists like you!

P.S. As we mourn the temporary defeat of marriage equality in California, this week we can celebrate that same-sex couples began to wed in Connecticut following the court ruling upholding marriage equality there. People For the American Way Foundation had filed an amicus brief in the case.

PFAW

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