February is Black History Month. In previous years, we have honored Black History Month by highlighting important African American legal figures, many of whom were the first in their respective positions. However, this year, we will use cases to point out some of the ways African American history is inextricably intertwined with American legal history. This small sample of Supreme Court cases demonstrates the ebb and flow of American legal sentiment towards its Black constituency.
Chief Justice John Roberts recently issued his 2023 Year-End Report on the Federal Judiciary. In his report he discussed ways the federal judiciary has adapted to ever changing technology and is using modern technology. Chief Justice Roberts began his report by stating “the arrival of new technology can dramatically change work and life for the better.” He then discussed how the rural electrification program dramatically improved lives. He goes on to discuss how the legal profession and the judiciary moved from the quill pen to typewriters and then to personal computers.
“WE THE PEOPLE.” The first three words of the United States Constitution are “We the People.” These three words are also the most important words in the entire document. For it is “the people” who “ordain[ed] and establish[ed]” the Constitution and by so doing created the government of the United States. With the words “We the People,” the Constitution recognizes that the ultimate political authority and power in the nation is “the People.”
One of the keystones of the American judicial system is the jury. The jury represents the people in the judicial process, deciding factual questions of liability in civil cases and guilt or innocence in criminal cases. In this way, juries provide a critical limit on the power of federal judges, who do not have to stand for election and have life tenure to protect their independence from outside pressure. The jury’s essential role in our government is embodied in the Constitution and mentioned in the Declaration of Independence.
Immediately after the Framers in Philadelphia had drafted the Constitution, Benjamin Franklin is quoted as responding to the question, “Well, Doctor, what have we got, a republic or a monarchy?” with the answer, “A republic, if you can keep it.”
Labor Day this year falls on September 4. On June 28, 1894, President Glover Cleveland signed into law the bill designating the first Monday of each September as Labor Day. This national holiday honors the achievements and societal contributions of ordinary workers. Although Labor Day has become synonymous with parades, cookouts, picnics, relaxation, and the end of summer, it is also a day to reflect on the importance of labor in our country and the progress our country has made because of labor’s contributions.
With the end of the Supreme Court’s latest term, several of its opinions have generated considerable attention and discussion. And as is often the case, the more high-profile cases featured spirited dissents from the majority opinions by the Justices who were in the minority.
We can say with a good degree of confidence that the vast majority of United States citizens desire to be good citizens. It is hard to imagine many people, if asked, would say that they strive to be poor citizens. We may disagree on what it means to be a good citizen, but within our own definitions, we all want to be good ones.
May 1 is Law Day. This date is set aside to honor the rule of law in the United States. President Dwight Eisenhower started Law Day in 1958 through a proclamation intended to enhance the public’s understanding of how law contributes to American freedom, liberty, and justice. As the proclamation read, “In a very real sense, the world no longer has a choice between force and law. If civilization is to survive, it must choose the rule of law.” In 1961, Congress made the proclamation into law through a joint resolution establishing May 1 as Law Day.
As we look back over our history, we see the tremendous strides women have made in the legal profession since the start of the twentieth century. More than half of the graduates of law schools are now women. Four women are associate justices of the United States Supreme Court. Women make up approximately 33 percent of federal judges and 30 percent of state judges. And women are represented on all of the states’ supreme courts.
