ADL Asks Supreme Court to Reaffirm Constitutional Basis for Civil Rights Laws
New York, NY, September 20, 2000 … The Anti-Defamation League (ADL) and a
coalition of civil rights organizations today filed an amicus curiae brief
urging the U.S. Supreme Court to leave intact a key interpretation of the
Constitution that has served as a basis for fundamental civil rights laws. Filed
in association with People for the American Way Foundation and joined by 11 other national
civil rights organizations, the ADL brief strongly supports a broad reading of the
Constitution’s Commerce Clause, an essential basis for the landmark civil
rights statutes of the 1960s and for national hate crimes laws now pending
before Congress.
"In recent years the Supreme Court has struck down important federal
civil rights legislation by relying on a narrow interpretation of the
Constitution’s Commerce Clause," said Howard P. Berkowitz, ADL National
Chairman, and Abraham H. Foxman, ADL National Director. "We believe the
court’s constricted view of the Commerce Clause could undermine existing civil
rights laws and limit the power of Congress to enact anti-discrimination laws in
the future."
The Supreme Court has indicated that it will reconsider its long-accepted
interpretation of the Commerce Clause in Solid Waste Agency vs. U.S. Army
Corps of Engineers. The case involves congressional authority in regulating
and protecting wetlands and migratory birds through the Clean Water Act. The
specific issue before the Court will be whether to continue to examine
congressional statutes based on the Commerce Clause to determine if the types of
actions to be regulated, taken together, have a substantial effect on interstate
commerce.
"While this is not a ‘pure’ civil rights case, this broad coalition
of national organizations agreed an essential principle was at stake – that
any further erosion of constitutional principles would jeopardize existing civil
rights statutes and congressional authority to expand hate crime and
anti-discrimination laws," said Mr. Berkowitz and Mr. Foxman.
Other organizations joining in the brief include American Association of
University Women, Human Rights Campaign, India Abroad Center for Political
Awareness, National Coalition Against Domestic Violence, National Conference for
Communities and Justice, National Council of Jewish Women, National Federation
of Filipino Americans, National Gay and Lesbian Task Force, NOW Legal Defense
and Education Fund, National Women’s Law Center and National Urban League. The
brief was prepared for ADL by Martin E. Karlinsky, a partner at Rosenman &
Colin in New York.
The Anti-Defamation League, founded in 1913, is the world's leading organization fighting anti-Semitism through programs and services that counteract hatred, prejudice and bigotry.