This panel explores how the fundamental purpose of an independent judiciary has been undercut by recent statements and actions made by the current administration. Issues explored include whether there is a difference in how judges are perceived by the public when they issue their opinions and how lawyers can respond to attacks on the integrity of the judiciary, as an institution and on individual judges. The decision-making process, timing, and other important factors when considering the pathway to the bench is discussed from a variety of perspectives.
Democratic Deterioration at Home and Abroad
*Due to a technical difficulty, the recording begins a few minutes in to the conversation
For the past several decades, our working assumption has been that once firmly established, liberal democracy represents the best and final answer to authoritarianism and the surest guarantor of liberty and equality. Today, however, that assumption is being seriously challenged. Where liberal democracy has taken root, we now see it in retreat in attacks on the press, the judiciary, and on voting rights – the essence of democratic organization.
As the United States contends with these challenges, arguably for the first time, what can we learn from other countries that have experienced similar democratic downturns? What were the warning signs and could this deterioration have been stemmed? Are the combination of legal constraints and non-legal norms that undergird our constitutional system enough to keep our democracy on solid footing? What safeguards are currently in place to prevent further deterioration of our democratic values and institutions, and what additional precautions should we consider? In other words, how worried should we be?
Join New America, The American Constitution Society for Law and Policy, and the Brennan Center for Justice at NYU Law School for a discussion about the future of democracy at home and abroad.
Speakers:
Sheri Berman
Professor of Political Science, Barnard College, Columbia University
Aziz Huq
Frank and Bernice J. Greenberg Professor of Law, The University of Chicago Law School
Norman J. Ornstein, @NormOrnstein
Contributing Writer, The Atlantic
Resident Scholar, The American Enterprise Institute
Arturo Valenzuela
Emeritus Professor of Government, Georgetown University
Senior International Advisor, Covington & Burling LLP
Moderator:
Amanda Taub, @amandataub
Writer, The New York Times
ACS Northwest Regional Convening: Attorney General Ellen F. Rosenblum
Attorney General Ellen F. Rosenblum speaking at the ACS Northwest Regional Convening.
The Power to Promote Progress: Opportunities and Limits to Prosecutors Seeking Reform
The American Constitution Society and the National Bar Association hosted a panel discussion: The Power to Promote Progress: Opportunities and Limits to Prosecutors Seeking Reform on Wednesday, September 20, 2017.
The panel discussed how progressive attorneys -- many of whom are men and women of color -- are seeking to leverage their roles as prosecutors to combat racial and economic disparities in the criminal justice system. The speakers explore the following questions: How can prosecutors use their discretion and influence to pursue racial and economic justice? What constraints, both legal and systemic, limit a prosecutor's ability to achieve reform? What are the ethical obligations to pursue prosecutions, even in cases where the law disparately impacts people of color or the economically vulnerable?
Featuring:
Ian Gershengorn, Partner, Jenner & Block LLP; former United States Solicitor General, keynote
Roger A. Fairfax, Jr., Jeffrey and Martha Kohn Senior Associate Dean for Academic Affairs and Research Professor of Law, George Washington University Law School; former Federal Prosecutor, U.S. Department of Justice, Public Integrity Section of the Criminal Division, moderator
Aramis Ayala, State Attorney, Ninth Judicial Circuit Court of Florida
Lenese Herbert, Professor of Law, Howard University School of Law; former Assistant United States Attorney, District of Columbia
Sonja Ralston, Appellate Attorney, U.S. Department of Justice, Criminal Division
Thiru Vignarajah, Partner, DLA Piper; former Deputy Attorney General, State of Maryland
2017-2018 Supreme Court Preview
On Thursday, Sept. 14, 2017, ACS hosted a panel discussion at the National Press Club where a diverse group of experts will offer their insights on the Supreme Court Term that begins Oct. 2. In addition to reviewing key cases on the docket, the discussion included the impact of Justice Neil Gorsuch's joining the Court for his first full term.
Price of Injustice
Over the last several decades, America's criminal justice system has increasingly imposed onerous financial burdens on the criminally accused - often the most economically vulnerable - including money bail, asset forfeiture, court fees, and fines. When used appropriately, these tools may increase public safety and hold those who commit crimes accountable for their actions. But too often these financial penalties are imposed indiscriminately or used to raise funds for police, the courts, or other local government programs without the need to raise taxes, while leaving the accused and their families with crushing, sometimes insurmountable debt. The inability to pay money bail results in extended jail stays, even for those eventually acquitted. Forfeited assets are often impossible to reclaim regardless of a person's innocence or guilt. Failure to pay fines can result in driver's license suspensions, probation or parole revocation, and even incarceration. What are the tools we can bring to bear to reduce the burdens of criminal justice debt? What levers within the law can we target to make our system more just, efficient, and fair?