Amicus | What We’re Watching This New Supreme Court Term
Oct 5, 2024
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Sky Perryman, President and CEO of Democracy Forward, discusses innovative legal strategies to strengthen democracy in the face of a conservative Supreme Court. Barbara Hausman-Smith shares her experience arguing a landmark case 44 years ago, emphasizing the ongoing fight for justice. They explore the implications of the Court's current trajectory on civil rights, the battle over reproductive healthcare, and the urgent need for activism. Both women inspire hope and action as they prepare for a new term filled with crucial legal battles.
Historical legal victories in women's rights exemplify the importance of advocacy in combating current injustices and achieving gender equality.
The upcoming Supreme Court term presents critical challenges to democracy, showcasing the need for continued litigation and women's activism to defend marginalized rights.
Deep dives
The Impact of Historical Legal Battles
A significant discussion focuses on the historical context of legal battles that have shaped women's rights, particularly in reference to a Louisiana law that permitted a husband to sell property without his wife's consent. This law was challenged by attorney Barbara Hausman-Smith, who argued that it upheld an inherently unequal system. The unanimous ruling by the Supreme Court against such laws highlights the importance of legal advocacy in achieving gender equality. This historical perspective serves as a reminder of how past victories can inform current struggles against similar injustices.
Current Challenges to Democracy
The podcast outlines the pressing issues facing American democracy, particularly under the influence of a conservative supermajority in the Supreme Court. This court's rulings could threaten various rights, from environmental protections to reproductive rights, thereby undermining the rights of marginalized groups. The next term is expected to bring cases concerning gun rights, executions, and abortion bans that reflect broader societal tensions. As the conversation unfolds, it becomes clear that the implications of these legal decisions extend beyond immediate case outcomes, potentially reshaping democratic norms.
The Role of Women in Democratic Restoration
A key theme in the discussion is the vital role women play in rebuilding democracy, especially in the wake of setbacks to reproductive rights and broader social justice issues. The narrative suggests that women's activism, particularly at community levels, can lead to significant changes in public policy and voter engagement. There is a strong call to action for women to remain engaged and assert their rights, emphasizing that their input is crucial in safeguarding democracy. Empowering women within this political landscape is seen as essential to pushing back against authoritarian trends.
Litigation as a Tool for Change
Advocates stress the importance of continued litigation as a mechanism to challenge unjust laws and protect democratic values. Organizations like Democracy Forward highlight the necessity of legal representation for marginalized communities to navigate complex judicial landscapes. The conversation also emphasizes tracing the impacts of significant Supreme Court rulings, such as Chevron deference, to appreciate their long-term repercussions on the legal system. This proactive legal engagement underscores the belief that courts can still serve as vehicles for justice and progress in the fight for democracy.
Democracy had a pretty rough ride at the Supreme Court last term. Presidents have criminal immunity now! Agency experts aren’t the experts anymore! Sure, you can convert that rifle into an automatic weapon! And guess what? More horrors await us this term.
But we are not going to spend this last episode before the start of a new term dispassionately picking over a smattering of cases for a lawyerly preview, or helplessly doom spiraling. Instead, we will hear from two women who refuse to blithely accept what the High Court is handing down—two women who have decided to do something, in very different ways.
You’re going to find out why one of these women will head to SCOTUS on Monday in the suit she wore to argue before the High Court 44 years ago. Dahlia Lithwick will ask the other woman, Skye Perryman of Democracy Forward, about the legal theories, doctrine tracking, and litigation strategies her organization is deploying to fight for democracy in the courts –– even (and especially) in courthouses and cases far from One First Street, where until now, the conservative legal movement has had almost free reign. Because any honest preview of the new Supreme Court term needs to look wider and deeper than the handful of cases docketed for the coming weeks.
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