Video Interview

  • February 9, 2016
    Video Interview

    by Nanya Springer

    Last June in Obergefell v. Hodges, the U.S. Supreme Court issued a landmark ruling granting marriage equality to LGBT couples nationwide. Last week, the named plaintiff in the case, Jim Obergefell, spoke to the Indiana University Maurer School of Law Student Chapter about his status as a civil rights icon and how he unwittingly became the modern face of the fight for LGBT rights.

    Obergefell, before a packed auditorium, recounted the events that spurred him to file a federal lawsuit to force the state of Ohio to recognize his marriage to his ailing longtime partner John Arthur. The couple had decided to marry after the U.S. Supreme Court ruled in United States v. Windsor that the federal government must recognize same-sex marriages performed in states where such unions were legal. Obergefell told the audience he proposed to Arthur because “that was the first time in our almost 21 years together that suddenly at least one level of our government would say, ‘You exist. We acknowledge you. Your relationship matters.’” The couple famously flew to BWI Thurgood Marshall Airport in Maryland, where same-sex marriage was already legal, and tied the knot on the tarmac in a brief ceremony before immediately flying back to Ohio.

    When asked by moderator Steve Sanders, co-counsel on a brief in favor of the Obergefell plaintiffs, whether he foresaw a legal battle for recognition of the marriage in his home state, Obergefell replied, “When we decided to marry, we made that decision solely to get married. We had no plans to do anything else. We simply wanted to live out John’s remaining days as husband and husband.” As the case gained national attention, however, Obergefell realized the case was “a lot bigger than just us.” Nevertheless, following Arthur’s death mere months after their marriage, Obergefell quit his job and spent a year traveling and “running away from life” before reengaging in the movement for LGBT equality.

    Consistently humble, Obergefell expressed some guilt about his designation as the lead plaintiff, which was due to the low number of his federal case, and his resulting celebrity. “I felt guilty. I really did, because it isn’t just me. It’s my name and my face that’s out there so much, but I’m not the only one. . . . There are thirty-some plaintiffs in our case,” he said. After the blockbuster decision, though, his attention was refocused on the gravity of the plaintiffs’ achievement. “Wow. We really do matter,” he remembered thinking. He added, “I have the utmost respect for [the legal] profession and the court system.”

    Watch the full conversation below.

  • July 31, 2015
    Video Interview

    by Nanya Springer

    In the current political climate, the idea that Congress should pass legislation redistributing wealth and resources is met with abhorrence by conservatives and, often, with apathy by liberals. This was not always the case, argues William Forbath, Associate Dean for Research and Lloyd M. Bentsen Chair in Law at the University of Texas School of Law. At one time, liberals widely viewed economic inequality as a constitutional issue and believed redistributive measures were not only permissible, but constitutionally required to ensure the equal protection of the laws and to promote the general welfare.

    In an interview with ACSblog, Forbath explains that today’s liberals have come to think the Constitution does not speak to the redistribution of resources. This contradicts the views of key historical lawmakers who discussed anti-trust, banking, currency and trade as constitutional issues and who viewed Congress as constitutionally obliged to promote the country’s broad economic wellbeing through redistributive policies. Forbath adds that even before the Equal Protection Clause appeared in the federal Constitution, state constitution guarantees of equal protection focused on protecting the poor from legislation that favored economic elites. “The Constitution needs safeguards against oligarchy,” he asserts. “Ours is an anti-oligarchy Constitution.”

    Noting America’s shrinking middle class and diminishing equality of opportunity, Forbath concludes that “these older generations were right . . . You can’t keep a constitutional democracy or a republican form of government with boundless inequality. You can’t keep it without a broad middle class. You can’t keep it alongside an oligarchic, entrenched economic elite.” Instead he, along with fellow University of Texas Law Professor Joseph Fishkin, promotes a return to the idea that we have a “Constitution of opportunity” ― one that supports a robust middle class and ensures opportunity for all, not just the privileged.

    Watch the full interview here or below.

     

  • July 24, 2015
    Video Interview

    by Nanya Springer

    Some talk this week centered on the issue of reforming the U.S. Supreme Court, with one irresponsible proposal gaining moderate attention, but Erwin Chemerinsky has been talking about fixing the Supreme Court for years.  In an interview with ACSblog, Chemerinsky ‒ the Distinguished Professor of Law and Raymond Pryke Professor of First Amendment Law at the University of California, Irvine School of Law ‒ describes the Supreme Court’s greatest failures and proposes responsible solutions.

    Chemerinsky recalls the Lochner Era ‒ a period during which the high court struck down more than 200 laws enacted to protect consumers and employees, using the rationale that such laws interfere with freedom of contract. While the Lochner Era ended nearly a century ago, Chemerinsky explains that today’s Roberts Court “is the most pro-business Supreme Court that we’ve had since the mid-1930s.”

    This claim, as Chemerinsky notes, is backed up by empirical studies. From restricting the availability of class action suits and favoring binding arbitration to weakening the influence of unions, the Roberts Court has consistently sided with corporations over consumers and employees—all while refusing to recognize poverty as a suspect classification and determining that education is not a fundamental right.

    Chemerinsky offers reasonable proposals, such as imposing 18-year nonrenewable term limits, allowing cameras inside the Court and insisting that the justices conform to the same ethical standards, particularly with regard to recusal, as judges on other courts.

    Watch the full interview here or below.

  • July 17, 2015
    Video Interview

    by Paul Guequierre

    The LGBT rights movement has made extraordinary progress in just the past few years, let alone the past 11 years since Massachusetts became the first state to usher in marriage equality. Now, of course, marriage equality is the law of the land from sea to shining sea. Many people have put the rainbow flags away, thinking the fight for full equality is over. The reality is though, the fight is far from over.

    At the 2015 ACS National Convention, Janson Wu, executive director of Gay & Lesbian Advocates and Defenders (GLAD) and the 2012 David Carliner Public Interest Award recipient, sat down and gave us his take on the progress the LGBT rights movement has made, where we’ve been, where we’re going and where we need to take the fight.

    “Now you can see what seemed an impossible victory in 2003 and now seeming almost inevitable in 2015 and I think that’s kind of the theme of our work going forward: what are those kind of impossible dreams we can think of right now that we can make inevitable in five, ten, fifteen years,” Wu said.

    In the interview, Wu also noted the role litigation plays in the LGBT rights movement, not only as a legal remedy to discrimination, but also as a tool to educate Americans.

    “Litigation is actually a great vehicle for education because what we know is that the public can understand and really sympathize with stories of harm. When you have litigation, you generally have a plaintiff who is harmed, so we always try to, when appropriate, use our plaintiffs as a way of educating.”

    After marriage equality, what are the issues the LGBT community faces? Where are the legal efforts in the movement taking place and where will they head in the future? View the full interview with Janson Wu below. 

     

  • June 23, 2015
    Video Interview

    by Nanya Springer

    As Stephen Bright provided closing remarks at the 2015 ACS National Convention, he extoled the virtue of representing unpopular clients ‒ particularly criminal defendants, who are usually poor and often people of color.  He listed the names of inmates who have been wrongfully convicted and recently released from prison, all unwitting members of a far-too-large society of American exonerees:  Willie Manning in Mississippi, Anthony Ray Hinton in Alabama, Alfred Brown in Texas, and Glenn Ford in Louisiana.  But Bright also delighted the crowd by introducing a special guest: exoneree and recent law school graduate Jarrett Adams.

    Adams served almost 10 years of a 28-year prison sentence for a crime that he did not commit.  After being exonerated with the help of the Wisconsin Innocence Project, he obtained a degree in criminal justice and then attended law school at Loyola University Chicago.  He has worked at the Federal Defender’s Office in Chicago and at the public interest law firm Loevy & Loevy, and soon he will begin a dual fellowship with the U.S. District Court for the Southern District of New York and the U.S. Court of Appeals for the Seventh Circuit ‒ the very court that overturned his conviction and set him free.

    At the convention, Adams sat down with ACS to explain why it’s so important for law students to develop professional networks.  He said, “There are only so many big firms, and if you don’t . . . get a 4.0 or know someone . . . you don’t have the opportunity to summer with them and to get into the door.  ACS offers you the opportunity to network with the big law firms at events like this.”  He added, “You never know when you’re going to be in a networking event and meet someone that’s going to help you become someone.”

    Arguably, Adams – who hopes to practice civil rights law and continue leading the nonprofit organization he co-founded, Life After Justice – is already “someone.”  But, as he would probably agree, there is always room for growth and advancement.

    Adams’ entire interview can be viewed below.