Print
ShareFeminist Majority "Supreme Court in Peril" Chat Series of 2003
Julie Fernandes, Special Counsel
Leadership Conference on Civil Rights (LCCR)
Julie A. Fernandes is the Senior Policy Analyst/Special Counsel for the Leadership Conference on Civil Rights (LCCR) and the Leadership Conference on Civil Rights Education Fund. LCCR is comprised of more than 180 national organizations working for social and economic justice. This coalition of organizations is working hard to block Bush’s strategy of nominating far right judges, packing the courts with judges who have the potential to turn back the clock on a range of hard won rights. With a Supreme Court retirement, or even two, possible at the end of the month, the battle to ensure nominees will protect our rights while on the federal bench has never been more important.
Moderator: Hello.
Julie Fernandes: Hello.
posted:6/9/2003 2:00:00 PM CST
Jessica: What is LCCRs strategy to block a far-right US Supreme Court
nominee?
Julie Fernandes: LCCR is working with other groups concerned about protecting
civil and constitutional rights to educate the public about President
Bushs plan to pack the federal courts, including the Supreme Court, with
right-wing extremists. We will continue that work and, if and when a
vacancy occurs on the Supreme Court, press members of the Senate to ensure
that any new member of that court is committed to protecting our rights
and fundamental freedoms.
posted:6/9/2003 2:01:00 PM CST
Dan: Can you talk about why the filibuster strategy is so vital?
Julie Fernandes: Just as the threat of a filibuster and the need for
60 votes to end debate often forces a bills proponents to agree to
compromises in order to gain passage, the need for 60 votes should
persuade the Bush Administration to stop nominating extremists to the
federal bench who are singularly committed to rolling back our rights.
Moreover, President Bushs nominees who are on the far right extreme
of legal thought should not be confirmed for lifetime appointments
to the federal bench. The filibuster strategy sends that message.
posted:6/9/2003 2:04:00 PM CST
Marie: Hi Julie, What sort of grassroots work has LCCR been doing to
reach out to young people in the struggle to ensure a fair and impartial
judiciary?
Julie Fernandes: We have been working with our coalition partners and
other organizations that care about saving our federal courts to organize
grassroots across the country, including young people. We need to do
more to get the message out about the urgency of this issue and the need
to mobilize our forces to send a clear message to the Bush Administration
that all of our rights are at stake.
posted:6/9/2003 2:10:00 PM CST
Jonathan: The President has promised to appoint strict constructionists
to the Supreme Court. What is a strict constructionist and what types
of nominees should we expect to see?
Julie Fernandes: The term strict constructionist has often been used
as code for extremely right wing. President Bush has said that he would
appoint nominees to the Supreme Court who are in the mold of Justices
Clarence Thomas and Antonin Scalia. During their time on the Court, Scalia
and Thomas have consistently taken extreme right wing views on a number
of civil rights issues. A close look at many of those decisions reveals
not necessarily a coherent theory of constitutional interpretation, but
rather a view that is consistently hostile to the interests of protecting
civil and human rights.
posted:6/9/2003 2:13:00 PM CST
Shayda Naficy: How can I influence who is appointed
to the upcoming Supreme Court vacancies; how can I influence the process
or final decision?Thank You.
Julie Fernandes: Any new nominee to the supreme court must ultimately
be confirmed by the u.s. senate. Therefore, you will have the most
influence by joining with others in your community to identify the
issues that are important to you (such as protecting Congress role
in ensuring civil rights for all Americans) and communicating to your
Senators that any new member of the Supreme Court should share a commitment
to those important principles.
posted:6/9/2003 2:18:00 PM CST
Katherine: I live in a state where both my Senators are actively opposing
extreme right-wing judicial nominations. What can I do, beyond thanking
my Senators, to make sure the federal courts arent packed with extremists?
Julie Fernandes: First, you should be sure to continue to thank your
Senators for standing firm against the confirmation of extremists to
the federal courts. In addition, you can work to help educate others
(both within your state and outside it) about the importance of this
issue for all Americans.
posted:6/9/2003 2:20:00 PM CST
Joy: How would you respond to people who say that the Democrats use
of a filibuster is hypocritical, since they opposed the filibuster against
the Civil Rights Act?
Julie Fernandes: In the history of the Senate, the filibuster has long
been a tool used to foster compromise, whether on legislation or nominations.
It is also, in many ways, a more open and honest tool than the anonymous
holds and refusals to grant hearings on nominees that were employed by
the Republican majority during the Clinton Administration. Right now,
with an Administration that has refused to take the Senates advise and
consent role seriously, the filibuster is one of the few tools left for
those who are set on protecting against the rolling back of our rights.
posted:6/9/2003 2:22:00 PM CST
Emilia: Can you explain the legal definition of a fillibuster?
Julie Fernandes: In order for a vote to take place in the full senate,
there must be agreement to end debate. If the parties cannot agree
to end debate, a Senator may file a motion that will force it to end.
That motion needs 60 votes to pass. A filibuster is the act of preventing
the end of debate, which can be achieved by the majority failing to
receive 60 votes to end debate.
posted:6/9/2003 2:27:00 PM CST
Sasha: I understand the threat to Roe v. Wade currently in the Supreme
Court and the Bush Administration. What other issues are at stake as
we anticipate a Supreme Court retirement?
Julie Fernandes: Many of the Administrations nominees to the federal
bench have extremely right wing records in the areas of civil rights,
environmental health and safety, workers rights, and consumer protection
and corporate responsibility. In the area of civil rights, these records
include pressing for federal tax exemptions for Bob Jones University,
despite its policies of racial discrimination; seeking to limit or strike
down important civil rights laws, such as the ADA and the Violence Against
Women Act; and consistently ruling against civil rights plaintiffs.
posted:6/9/2003 2:31:00 PM CST
Sandra: As activists, what should we be most concerned about concerning
the make-up of the federal courts?
Julie Fernandes: The federal appellate courts, which are one level below
the Supreme Court, are very powerful in deciding questions involving
federal laws and constitutional interpretation. Their word is law in
the overwhelming number of cases, given the small number of cases heard
by the Supreme Court each year. We should all be concerned about President
Bushs plan to pack the federal courts with right-wing extremists who
have a clear ideological agenda to erode important civil and constitutional
rights that protect all of us.
posted:6/9/2003 2:35:00 PM CST
Julie: How do you think affirmative action will be affected by the retirement
of a Supreme Court Justice?
Julie Fernandes: As you know, we are still awaiting a decision by the
Supreme Court in the University of Michigan affirmative action cases,
so the verdict is not yet in on the fate of affirmative action with the
current make-up of the Court. Putting that to one side, while we dont
know who will be the next retirement from the Court, we do know that
if President Bush keeps to his promise to nominate a Justice is the mold
of Scalia and Thomas, that person will most surely take a dim view of
affirmative action and other programs that help ensure equal opportunity
in Americas school and workplaces.
posted:6/9/2003 2:39:00 PM CST
carrie tilton-jones: Im not sure what a circuit court judge does. I
know the potential Supreme Court vacancy is crucial to protecting Roe,
but could you give me an idea of whats at stake in a circuit court nomination?
What kinds of issues come before them?
Julie Fernandes: The federal circuit courts of appeal are one level below
the Supreme Court. They have jurisdiction to decide all cases involving
or interpreting federal law, including the constitution. The country
is devided up into 11 regional courts of appeal and two specialized ones.
These courts are the final word on questions of law within their jurisdiction.
The federal appeals courts decide over 28,000 cases a year. The Supreme
Court, in contrast, decides fewer than 100 cases a year. Thus, the overwhelming
majority of decisions by the appeals courts are the final word, which
makes them, in many ways, the most powerful courts in the country.
posted:6/9/2003 2:43:00 PM CST
Amy: Besides affirmative action, what other rights could people lose
if an extremist judge were appointed to the court?
Julie Fernandes: Many of President Bushs nominees are leading advocates
in the so-called states rights movement, which has as its cornerstone
limiting Congress power to pass legislation that protected our civil
rights. If these nominees have their way, the federal government will
no longer have a role in ensuring that workplaces and schools are free
from discrimination based on race, gender, or disability; in protecting
the environment; or in protecting workplace health and safety rules.
posted:6/9/2003 2:48:00 PM CST
ADA: In the past, judicial nominees have dodged questions about the
views on such issues as abortion and affirmative action. How do we go
about combating this lack of information?
Julie Fernandes: Just as we know that President Bush is selecting nominees
for the federal courts based on ideology, we must work to obtain as much
information as possible about the judicial philosophy and ideology of
pending nominees, publicize their records, and push for ensuring taht
nominees with extreme right-wing views on civil and consitutional rights
not be confirmed.
posted:6/9/2003 2:51:00 PM CST
Feminist Grrl: One of my Senators is extremely conservative. Is there
any point in calling or writing his office to state my opposition to
conservative judicial nominees? Is there anything else I can do?
Julie Fernandes: It is always important to make your voice heard with
your represenatives in Congress. Even if you think they will not agree
with you, they are still your representatives, and you should keep the
heat on. You can also try to work with others in your community to educate
folks on the importance of these issues, and try to promote their involvement
as well.
posted:6/9/2003 2:53:00 PM CST
diane: It is great that LCCR, the Feminist Majority, and a whole coalition
of groups are working to protect our rights on the federal courts. How
successful have you been in blocking far right nominees? How many of
these have already gone through? What does this mean for the federal
courts and the protection of our rights?
Julie Fernandes: While the Senate has confirmed the overwhelming majority
of President Bushs nominations to the federal court, we have been very
pleased that Senate Democrats have drawn the line against confirming
two far right extremist nominees -- Priscilla Owen and Miguel Estrada.
But our work is far from over. Nominees such as Carolyn Kuhl, Terrence
Boyle, a former staffer to Senator Jesse Helms, and Alabama Attorney
General Bill Pryor, pose continued threats to our rights and must be
defeated by any means necessary.
posted:6/9/2003 2:57:00 PM CST
Moderator: Thanks for participating.
Julie Fernandes: Thanks to the Feminist Majority and to all of you for
your great questions. Together, we can succeed in saving our courts!
posted:6/9/2003 3:00:00 PM CST
Moderator: Goodbye!
Julie Fernandes: Thank you for joining us today. I hope that you
will be inspired to get involved in this very important fight to protect
our rights. For more information about judicial nominations and getting
involved visit either the LCCR website at http://www.civilrights.org/issues/nominations
or the Feminist Majority’s Million4Roe
campaign site .
We hope you will join us again for our continuing June chat series, “Supreme
Court in Peril.”
posted:6/9/2003 3:10:00 PM CST
