Religious Action Center of Reform Judaism

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A Supreme Day

courtdaylogo.pngToday was the most eventful day that most Supreme Court aficionados can remember.  Four events captured headlines and sent SCOTUS-watchers on an emotional rollercoaster. 

To begin, yesterday, Justice Ruth Bader Ginsburg's husband, Martin Ginsburg, passed away after a battle with metastatic cancer.  Mr. Ginsburg, like his wife, was gifted lawyer with an enduring commitment to social justice.  The mutual affection and admiration between Justice Ginsburg and her husband are evident in every word of his obituary

 

But, dramatically, Justice Ginsburg was in her seat on the Bench today for the final session of the 2009 Supreme Court term.  As it always does, the final session featured decisions in some the most controversial, blockbuster cases of the term.  The Court released their holdings in four cases, two of which featured issues that are policy priorities for the Reform Movement.

The case that captured the most attention was McDonald v. Chicago, which considered whether the 2nd Amendment should apply to the states. The 5-4 ruling held that the right to keep and bear arms must restrict and regulate state and local laws. Long-time advocates for reasonable gun control laws, the RAC expressed our disappointment in the ruling.

On the flip side, we welcomed the 5-4 decision in Christian Legal Society v. Martinez, which held that the Hastings Law School's policy of extending official recognition only to student clubs that do not discriminate does not violate the First Amendment.  As we noted in our statement, the case struck the right balance between religious freedom and individual rights, determining that a religious organization could restrict its membership and leadership, but that its exercise of this religious freedom does not require the public law school to offer it recognition and funding.  The URJ was an amici in this case.

As the term ended, so did Justice John Paul Stevens' 34-year tenure on the Supreme Court.  In his honor, many lawyers in the Courtroom donned bowties--his signature wardrobe accoutrement. With little fanfare, Chief Justice Roberts read a statement on behalf of the entire Court, celebrating Justice Steven's "intellect, independence, and warm grace."  While he may not take a seat on the Bench again, Justice Stevens' legacy and the impact that he had on American jurisprudence will endure. 

But, the question remains--will his replacement leave as significant a mark on the high court as he did?  Hearings began today on Elena Kagan's nomination to fill Justice Stevens' illustrious seat.  All 19 Senators on the Judiciary Committee gave their opening statements, but the highlight of the day was certainly Elena Kagan's introductory remarks.  Rabbi Saperstein was in the room to witness this historic moment, when Ms. Kagan officially introduced herself to the Senators and the American public.  She acknowledged and thanked her personal and professional mentors, including her parents and Justices O'Connor and Ginsburg, and gave us a glimpse into her approach to the law, declaring, "[N]o one has a monopoly on truth or wisdom . . . I've learned that we come closest to getting things right when we approach every person and every issue with an open mind."

It was an eventful day--but the real drama starts tomorrow, when Senators will begin their questioning of Elena Kagan.  We expect a spirited and instructive back-and-forth on a variety of legal issues.  Be sure to follow along and keep your ears open for the questions that the URJ submitted to the Judiciary Committee.  Check the RACblog all week for more blog posts and videos!

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