Linda Greenhouse

  • May 7, 2013

    by Jeremy Leaming

    As the U.S. Supreme Court tries to figure out how it will handle California’s anti-equality law, Proposition 8, and the federal government’s equally noxious Defense of Marriage Act, a number of progressive-leaning states are moving forward on expanding liberty.

    Last week Rhode Island become the 10th state to enact legislation allowing same-sex couples to wed and it appears Minnesota and Delaware may be closely following suit. Before the Rhode Island legislature gave final approval of the marriage equality measure R.I. Gov. Lincoln D. Chafee (I), celebrated the impending law, saying, “We will be open for business, and we will once again affirm our legacy as a place that is tolerant and appreciative of diversity.”

    The Minnesota House has scheduled a vote for this week on a marriage equality bill, the Pioneer Press reports. The newspaper reports that the House speaker has determined he has the requisite votes to pass the measure and send it to the Senate, where its leaders say they are confident they have the votes to approve it. Gov. Mark Dayton said he would sign the marriage equality bill into law.  

    Delaware lawmakers are also on the verge of advancing equality. The state House has already passed a bill recognizing same-sex marriage and the Senate, the Associated Press reports, is preparing to vote today on the measure. The AP also notes the state’s Democratic Gov. Jack Markell has “promised to sign the measure ….”

    While marriage equality is hardly the capstone of LGBT equality, it is nonetheless an important part of the efforts to achieve equality under the law. (In this post, it’s noted that federal lawmakers are pushing other measures to protect LGBT people in the workforce and LGBT military families.)

    The states moving to end discrimination against same-sex couples – at least in the arena of granting marriage licenses and state benefits that come with legally recognized unions – provide a strong argument for federalism. That is, many argue – including some pro-equality individuals and groups – that states are moving along to recognize same-sex marriage and there is no reason for the Supreme Court to upset the process by, say, finding that states refusing to recognize same-sex marriage are violating the equal rights of lesbians and gay couples.

  • April 3, 2013

    by Jeremy Leaming

    Even before the U.S. Supreme Court heard oral argument in two cases dealing with government discrimination of gay couples who want to get married, a growing chorus of legal scholars and others urged the high court to move slowly. Because, according to these folks, if the justices declare that lesbians and gay men have a constitutionally protected right to wed, a backlash against the marriage equality movement could be unleashed.

    And proof for such a backlash centers on the high court’s 1973 Roe v. Wade opinion, which found that the right of privacy includes the right of women to make their own decisions on abortion. According to proponents of moving slowly on marriage equality, Roe sparked a backlash against growing support of abortion and now we have state after state trying to trample the fundamental right. Therefore the backlash proponents argue that the justices should learn from Roe and avoid handing down a ruling that would end government discrimination against gay couples seeking to wed. This backlash story has been fueled in part by Justice Ruth Bader Ginsburg, who while defending the Roe decision, said the Court moved to fast.

    But as an editorial in The New York Times notes, the backlash proponents are basing their argument on a “false reading of politics before and after Roe v. Wade ….” The editorial cites the work of ACS Board Members Linda Greenhouse and Reva Siegel, both teach at Yale Law School, documenting the fact that the fevered opposition to reproductive rights was forming long before the high court handed down Roe.

    In a 2010 interview with ACSblog, highlighting their Before Roe v. Wade book, Greenhouse and Siegel said the documentation they collected for the book showed “that, contrary to the commonly expressed view that it was the Supreme Court and its decision that unleashed a ‘backlash’ against abortion reform, a vigorous counter-movement was forming well before Roe. In the late 1960s, as public support for liberalization surged, the Catholic Church helped organized an anti-abortion movement to oppose liberalization in every state legislature and court considering abortion laws. Strategists for President Nixon’s 1972 re-election then decided to denounce ‘permissive’ abortion laws to attract Catholics from their longtime affiliation with the Democratic Party and court the support of a ‘silent majority.’”

     

  • January 15, 2013

    by Jeremy Leaming

    Since issuing its landmark Roe v. Wade opinion expanding liberty 40 years ago this month, the debate over abortion has only intensified. Indeed, over the last few years state lawmakers have pushed for even more laws aimed at making it incredibly onerous if not impossible for many women to access the medical procedure.

    So did the high court’s Roe ruling spark a backlash and if so, should supporters of marriage equality gird for a similar reaction if the Supreme Court rules in favor of marriage equality? In a post for Balkinization’s “Liberty/Equality: The View from Roe’s 40th and Lawrence’s 10th Anniversaries” conference, ACS Board members Linda Greenhouse and Reva Siegel tackle the question and conclude, in part, that a backlash against reproductive rights was gathering before the high court issued its Roe opinion in January 1973.

    Greenhouse, former Supreme Court correspondent for The New York Times, and Siegel, a distinguished professor of law at Yale Law School, write that the message emanating from the “premise of the Roe backlash narrative,” is that “minority claimants should stay away from the courts.”

    But that message, Greenhouse and Siegel write, is not correct in all circumstances:

    Of course, judicial decisions, like Roe and Brown, provoke conflict. The question is whether judicial decisions are likely to provoke more virulent forms of political reaction than legislation that vindicates rights. There was, is, and will be conflict over abortion, same-sex marriage, and indeed, the very meaning of equality. When minorities seek to unsettle the status quo and vindicate rights, whether in legislatures, at the polls, or in the courts, there is likely to be conflict and, if the claimants prevail, possibly backlash too. To the question of whether one can avoid conflict over such issues by avoiding courts, the answer from an accurate pre-history of Roe v. Wade is no. The abortion conflict escalated before the Supreme Court ruled.

    Greenhouse, Seigel and an array of other experts on liberty and equality will participate in panel discussions at the Jan. 18 – 19 conference at UCLA School of Law, which is part of the Constitution in 2020 project. (A schedule and listing of panelists is included at the end of this blog post.) See here for registration information.

    Several of the Conference’s panelists are providing guest posts for Balkinization on topics likely to be discussed in detail or touched upon at the gathering. In another of those posts, the ACLU’s Louise Melling examines the legal challenges to the Affordable Care Act’s requirement that employers’ health care providers offer access to contraceptives. As Melling notes, there are a slew of lawsuits against the contraception policy, and many of them argue that employers’ religious beliefs should trump the ACA’s requirements on contraception.

  • June 26, 2012

    by Jeremy Leaming

    For what seems like decades a conventional wisdom, built largely by a handful of Supreme Court correspondents, has held that Justice Antonin Scalia is the high court’s most brilliant, disciplined, albeit ideological, member. He is also, according to this conventional wisdom, deliciously witty.  

    But thankfully, the Web has altered the narrative by giving forums to an array of writers who have been quick to poke holes in an increasingly tiresome and shoddy line of reporting. (It should be noted, however, that longtime Supreme Court correspondent Linda Greenhouse is not among the gaggle that built the fawning picture of a straight-shooting justice with a jolly wit. Indeed Greenhouse has taken Scalia’s sloppy work to task on numerous occasions.)

    Moreover the aging Scalia is simply not helping to advance the conventional wisdom. Though in fairness, he hardly seems concerned with what reporters, bloggers think or write about him. His constituency is made up of right-wing politicos and activists. He’s the Koch brothers’ justice.

    With each passing high court term, Scalia seems to becoming wackier, more out-of-touch, increasingly shrill. And he’s being called out for his nuttiness with growing frequency.

    In a piece for Salon, Paul Campos, for instance, is not mincing words about the tottering justice. Scalia, Campos writes, “has in his old age become an increasingly intolerant and intolerable blowhard: a pompous celebrant of his own virtue and rectitude, a purveyor of intemperate jeremiads against the degeneracy of the age, and now an author of hysterical diatribes against foreign invaders, who threaten all that is holy.”

    Campos was referring to Scalia’s concurring, dissenting opinion issued in Arizona v. U.S. where a majority of the justices invalidated three provisions, and weakened a fourth, of Arizona’s harsh anti-immigrant law. In his opinion Scalia not only railed against alleged dangers undocumented persons pose to Arizona, but also ruminated about state sovereignty and took a shot at President Obama’s actions on immigration policy.

  • May 31, 2012
    BookTalk
    The U.S. Supreme Court
    A Very Short Introduction
    By: 
    Linda Greenhouse

    By Linda Greenhouse, the Knight Distinguished Journalist-in-Residence, a Senior Research Scholar in Law and Joseph Goldstein Lecturer in Law at Yale Law School. Greenhouse, a member of the American Constitution Society's Board of Directors, will be signing copies of her new book at the 2012 ACS National Convention.


    Has there been a time recently when public understanding of the Supreme Court was so important – and so lacking?

    In a Pew poll two summers ago, only 28 percent of the respondents could identify John Roberts as chief justice (a position he had then held for nearly five years) from among a list of four names. The other options, all of which some people selected, were Thurgood Marshall, who had died 17 years earlier; John Paul Stevens, who was in the news for retiring; and Harry Reid, the Senate majority leader. Just imagine what people don’t know about how the court sets its agenda or construes statutes, or about the powers of the chief justice or the debate over constitutional interpretation.

    With a court of conservative activists substituting their policy judgments for those of Congress; using the First Amendment as a deregulatory tool; and proposing to unsettle long-settled understandings of affirmative action and voting rights, it’s essential that we become a nation of knowledgeable, or at least better-informed, court-watchers. That’s the big ambition of my new little book – and I use the word “little” as an accurate physical description (7 by 4.5 inches in dimension, 117 pages of text), not as false modesty.