"Legal Organization May Become Influential Beyond Its Dreams"

By Michael A. Fletcher
Washington Post
Sunday, December 7, 2008

 

The American Constitution Society for Law and Policy was founded seven years ago to counter a growing right-leaning legal philosophy that has reshaped the American legal landscape on issues from the reach of federal regulation to the separation of church and state. Now, as President-elect Barack Obama assembles his administration, the little-known legal organization stands on the brink of influence it once could only imagine.

 

… Last month, the organization published a series of policy briefs designed to be a legal road map for the next administration. Among its suggestions are that the Justice Department re-energize civil rights enforcement, try terrorism suspects in civilian courts and appoint federal judges who have a broader range of life experiences.

 

Cyrus Mehri, a partner in the District law firm Mehri & Skalet who has been supportive of ACS, pointed to a survey his firm conducted showing that no one [on active status on the federal appeals courts has been employed as a public interest lawyer more recently than 1981]. Also, the survey found, not one federal appeals court judge has substantial experience as an in-house counsel for a labor union. Meanwhile, 45 percent have previously worked as state or federal prosecutors or attorneys general.

 

Mehri, who specializes in labor law, argued that disparity skews what happens at trial: A study by two Cornell University Law School professors found that plaintiffs who brought job discrimination cases to district court won 15 percent of the time, compared with 51 percent for non-job-related cases. Even when they win, plaintiffs in employment discrimination cases are reversed on appeal 41 percent of the time, the study found, five times the rate of employer victories.

 

“That's not blind justice,” Mehri said. “That is hostility toward the little guy.”