LDF Statement on Sen. Ted Kennedy
The NAACP Legal Defense & Educational Fund today issued the following statement on the life and legacy of Senator Edward M. Kennedy, who passed away last night at the age of 77:
Today, with the passing of Senator Edward M. Kennedy, our nation lost an extraordinary champion of equal justice. His leadership on civil rights issues during nearly five decades of service in the United States Senate is unprecedented and incomparable. Beginning his Senate career at the dawn of the civil rights movement, he was at the helm during passage of all of the important federal civil rights laws-laws ensuring full participation in the political process, opportunity in employment, access to public accommodations, fairness in housing and equal opportunity in education. In subsequent years, he worked to strengthen these laws and to pass new laws protecting victims of injustice. Without his unyielding voice, the nation would be a very different place. Indeed, the historic election of our current president would not have been possible without these earlier milestones.
Senator Kennedy possessed a rare combination of qualities that allowed him to carry the torch on civil rights in the U.S. Senate. He had an unwavering commitment to ensuring equal opportunity, the courage to fight the hard battles, the optimism to lead others, and the perseverance and statesmanship that ensured victory after victory. Above all, what we will remember is his fearlessness. When doubt or cynicism or the prospect of defeat was injected into the debate, Senator Kennedy inspired us to continue the struggle for a fairer and more just society. In addition to inspiring us, it was Senator Kennedy who often crafted the legislative plan leading to success in that struggle. Simply put, Senator Kennedy was always on our side, and, on many occasions, this made the difference to the cause for justice.
Founded by Thurgood Marshall in 1940, LDF is the nation’s oldest civil rights legal organization. Throughout our history, only six individuals have led the organization. Remarkably, Senator Kennedy’s service in the Senate has coincided with the tenures of five of our six leaders. Last year, these past and present leaders of LDF joined in a letter to Senator Kennedy expressing gratitude for his many contributions to equal justice. They acknowledged that “[w]hile we have passed the torch to one another, you have held onto the same light-all the while burning bright-as the preeminent civil rights champion in Congress…. No one fights as hard as you do or with more courage and moral conviction that the right thing must be done. We are eternally indebted to you for opening the doors of opportunity to millions of people.” (A copy of that letter and Senator Kennedy’s gracious reply will be available on LDF’s website)
LDF is deeply saddened by the passing of our colleague, friend and hero in the Senate-a voice once thunderous in the cause for justice is now silenced forever. At the same time, we are heartened by reflecting on the grand legacy of his life’s work, and the vision and hope he left us for a more just society.
Thomas A. Saenz, Counsel to Los Angeles Mayor, Named MALDEF President and General Counsel
The Mexican American Legal Defense and Educational Fund (MALDEF) today announced Thomas A. Saenz, Counsel to Los Angeles Mayor Antonio Villaraigosa, as its new President and General Counsel. Saenz will join MALDEF in mid-August.
(Tom has been an extraordinary ally and supporter of EJS for many years. We congratulate him and wish him much success in returning to MALDEF.)
Since August 2005, Saenz has served as Counsel to Mayor Villaraigosa and as a member of the Mayor’s four-person Executive team. Saenz has helped to lead the Mayor’s legislative effort to change the governance of Los Angeles Unified School District (LAUSD) in order to secure a quality education for all students in Los Angeles and has recently served as the Mayor’s lead liaison on labor negotiations as the City strives in partnership with workers to address its serious financial situation.
“We could not ask for a better civil rights leader than Thomas Saenz to take the helm of MALDEF at this critical time,” said Patricia A. Madrid, Chairman of the MALDEF Board of Directors and former New Mexico Attorney General. “The Latino community is currently facing a drastic rise in hate crimes and witnessing an explosive rebirth of extremist anti-immigrant rhetoric and measures that adversely affect all Latinos. A highly respected attorney and community leader, Thomas brings a wealth of legal expertise and dedication to civil rights causes that fundamentally define the future of Latinos. We are looking forward to a great future under his leadership as we work together to advance the mission of MALDEF,” Madrid added.
“Tom Saenz has been a trusted advisor who understands the importance of public service and working on behalf of those in need,” said Los Angeles Mayor Antonio Villaraigosa. “His zealous leadership, legal prowess and counsel have helped diversify our body of City commissioners, provide living wages for our City’s workers, and demand a quality education for every child in Los Angeles. I thank Tom for his devoted service to the City of Los Angeles and wish him all the best in his new endeavor. MALDEF is not only inheriting a brilliant legal mind, but also a passionate and committed champion of civil rights.”
Saenz had previously served as MALDEF’s lead counsel for 12 years. During that time he successfully challenged California’s unconstitutional Proposition 187 and led numerous civil rights cases in the areas of immigrants’ rights, education, employment, and voting rights. Saenz achieved several victories against ordinances unlawfully restricting the rights of day laborers, served as lead counsel in the 2001 challenge to California’s congressional redistricting, and initiated the employment discrimination lawsuit resulting in a $50 million settlement with Abercrombie and Fitch. Saenz was also the lead drafter of the Amicus brief on behalf of Latino organizations supporting affirmative action in the Supreme Court case, Grutter v. Bollinger.
Saenz said he is looking forward to the new challenges and opportunities. “Throughout its 40-year history, MALDEF has been a national leader on all legal and policy issues affecting the Latino community. I look forward to leading a very strong MALDEF staff in successfully addressing the next set of challenges facing what is now the largest minority group in this country, a group whose progress is essential to our nation’s success,” Saenz stated.
Prior to joining MALDEF early in his legal career, Saenz clerked at both the federal district court and the U.S. Court of Appeals for the Ninth Circuit after graduating summa cum laude from Yale University and receiving his Juris Doctor from Yale Law School.
“Tom Saenz is an outstanding choice, he represents an extensive and celebrated record as a champion for civil rights and social justice. Throughout his career as Chief Counsel to Mayor Villaraigosa and as legal counsel for MALDEF, Saenz has proven to be a cornerstone for legal activism in our country,” stated Wade Henderson, President and CEO, Leadership Conference on Civil Rights (LCCR). “I can think of no better leader to take on the challenge of continuing the Mexican American Legal Defense and Educational Fund’s nationwide movement for equality and justice.”
“MALDEF’s work is now more important than ever before. Tom has spent his professional life serving as a champion for civil rights and social justice. His legal career has been devoted to protecting the people’s civil and constitutional rights. His lawsuits overturned local ordinances banning day laborers from seeking employment and he will lead the fight to ensure that the promises of justice and equality are a reality for all Americans,” stated Dolores Huerta, Co-founder of United Farm Workers of America and President of the Dolores Huerta Foundation.
Saenz has an extensive and celebrated background.
At the beginning of August 2005, Thomas A. Saenz became Counsel to the Mayor of the City of Los Angeles, where he serves as a member of Mayor Antonio Villaraigosa’s executive team and provides legal and policy advice to the mayor. Previously, Saenz practiced civil rights litigation at the Mexican American Legal Defense and Educational Fund (MALDEF), a national organization dedicated to securing and promoting the civil rights of Latinos in the United States, where he served as Vice President of Litigation. As Vice President, Saenz oversaw MALDEF’s efforts nationwide to pursue civil rights litigation in the areas of education, employment, political access, immigrants’ rights, and public resource equity.
Saenz was born and raised in southern California. He graduated summa cum laude from Yale University, and he received his law degree from Yale Law School. Saenz then served as a law clerk to the Honorable Harry L. Hupp of the U.S. District Court for the Central District of California, and to the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit.
Saenz joined MALDEF as a staff attorney in 1993; he became Los Angeles Regional Counsel in 1996, National Senior Counsel in 2000, and Vice President of Litigation in 2001. At MALDEF, Saenz served as lead counsel in numerous civil rights cases, involving such issues as educational equity, employment discrimination, immigrants’ rights, day laborer rights, and voting rights. For example, he served as MALDEF’s lead counsel in successfully challenging California’s Proposition 187 in court; as such, he presented extensive written and oral arguments on numerous occasions in three different cases involving the anti-immigrant initiative. He was also MALDEF’s lead counsel in two court challenges to Proposition 227, the English-only education initiative that voters enacted in 1998, and he successfully challenged several ordinances barring day laborers from soliciting employment. Saenz also served as MALDEF’s lead counsel in challenging California’s congressional redistricting in 2001.
For eight years, Saenz taught “Civil Rights Litigation” in the spring semester as an adjunct lecturer at the U.S.C. Law School. Saenz currently serves on the Los Angeles County Board of Education, and he previously served on the Los Angeles County Commission on Human Relations.
NAACP Celebrates 100 Years; President Obama to Address Convention
The NAACP this week celebrates its 100 year anniversary in New York City highlighting a century of Bold Dreams, Big Victories with a visit from President Barack Obama, Attorney General Eric Holder and many icons of the civil rights movement. The Convention started yesterday and runs through July 16th at the New York Hilton.
“For 100 years the NAACP has pushed us to acknowledge the humanity in each other and ensure that our laws will follow suit. You (the NAACP) have inspired us to strive for that mountaintop even when the climb seemed steep and for that I honor you, I congratulate you, and I wish you another century of accomplishment as extraordinary as your first,” stated President Barack Obama. “It’s humbling to think of the progress made possible by ordinary folks who refused to settle for the world as it was and instead stood up and fought to remake the world as it should be,” concluded President Barack Obama.
“New York is the birthplace of the NAACP, and it is only fitting that this great city be the host of our 100th Anniversary Convention,” stated Benjamin Todd Jealous, President and CEO of the NAACP. “We gather in New York to celebrate the NAACP’s past accomplishments as we look toward the future of our organization. Together we will celebrate our victories from the past 100 years, from Brown v. Board of Education to the election of Barack Obama. We will also lay out our bold dreams for 2009 and beyond with new initiatives on the critical issues facing our nation,” concluded Jealous.
A yearly tradition, the NAACP Convention will set the stage for its programs and legislative agenda for the next year. The organization will unveil a sweeping initiative on criminal justice and law enforcement which will use cutting-edge technology and engage all of the NAACP State Conferences and Branches.
Speakers during the six-day event also include New York Governor David A. Paterson, New York City Mayor Michael R. Bloomberg, Senator Charles E. Schumer, Representative Charles B. Rangel, Republican National Committee Chairman Michael Steele, Reverend Jesse L. Jackson, and Reverend Al Sharpton.
On Thursday, July 16th, the NAACP will present NAACP Chairman Julian Bond with the Spingarn Medal.
The Spingarn Medal, instituted in 1914 by the late Joel E. Spingarn, then NAACP Chairman, is awarded for the highest or noblest achievement by an American of African descent during the preceding year or years.
“The NAACP and thousands of our members are responsible for many of America’s seminal moments. In each decade, we have been a powerful, transformative force helping our beloved country realize its own promise. As we move forward in this new century, there is no better place to celebrate our centennial than in New York City, the birthplace of the NAACP,” stated Julian Bond, Chairman of the NAACP Board of Directors.
“The New York State Conference is proud to be the host of the NAACP Centennial Convention. This year’s convention marks an historic milestone with the celebration of 100 years of a campaign to ensure the political, educational, social and economic rights of all people and to eliminate discrimination in our nation,” said Hazel N. Dukes, President of the NAACP New York State Conference of Branches. “This Convention and Centennial Celebration are unique events for New York because the organization was founded here in 1909 by a small multiracial group of concerned New Yorkers. The recent election of President Barack Obama stands as testament to how far the NAACP has led our nation since the days when African Americans could not vote, let alone run for and win the White House. It is historically correct for the NAACP to lay out its agenda for the future in New York; our great state has been in the forefront of the civil rights movement since it began, and I can think of no better place for the NAACP to outline our bold vision for the next century,” concluded Dukes.
“For 100 years, the NAACP has been tireless in its efforts to ensure a society in which all individuals have equal rights. Together with the residents of New York, and thousands of civil rights heroes of yesterday and today we will look to the future and march forward in our second century continuing our proud tradition of dreaming bold dreams and achieving big victories, “ said Roslyn Brock, Vice Chairman of the NAACP Board of Directors and Chairman of the 2009 Convention Planning Committee.
The NAACP selected New York City as the host city for the Centennial Convention based on the efforts and support of National Board Member and New York State Conference President Hazel N. Dukes and its dedicated members, Leonard Riggio, Chairman Barnes & Noble; Stephen Schwartzman, Chairman & CEO The Blackstone Group; Earl G. Graves, Sr., Spingarn Medalist and Editor and Publisher Black Enterprise Magazine; Governor David A. Paterson; Mayor Michael R Bloomberg; Former Mayor David N. Dinkins; NYC & Company and Bill Lynch Associates.
Founded in 1909, the NAACP is the nation’s oldest and largest civil rights organization. Its members throughout the United States and the world are the premier advocates for civil rights in their communities, conducting voter mobilization and monitoring equal opportunity in the public and private sectors.
Ricci Decision Threatens Constitutional Values of Equal Justice for All
In a 5 to 4 decision in the case of Ricci v. DeStefano, the U.S. Supreme Court ruled today that the city of New Haven, Connecticut violated Title VII when it declined to make promotions in the fire department on the basis of a test that disproportionately screened out minority candidates.
The Equal Justice Society joined the Lawyers’ Committee for Civil Rights Under Law in an amicus curiae, or friend of the court, brief urging the Court to uphold New Haven’s efforts to root out discrimination from its promotional process, consistent with civil rights laws and the Constitution. The Lawyers’ Committee brief was also joined by the National Association for the Advancement of Colored People and the National Urban League.
“We are shocked by the decision and we will continue our work to preserve the vital protections of Title VII of the Civil Rights Act of 1964,” said Barbara Arnwine, executive director of the Lawyers’ Committee for Civil Rights Under Law. “Like Justice Ginsburg, we anticipate that the decision ‘will not have staying power.’”
In this case, the city of New Haven, Connecticut declined to certify the results of a firefighter promotion test based on evidence that the test discriminated on the basis of race. The city also had evidence that more fair and effective tests were available. Rather than making promotions on the basis of the discriminatory test, the city declined to certify the results, and sought to explore less discriminatory alternatives, in keeping with its obligations under Title VII of the Civil Rights Act of 1964. When the city declined to make promotions on the basis of the test results, firefighters who had scored highly on the test filed suit, alleging that the city discriminated on the basis of race.
“Today’s decision ignores the plain language of Title VII, congressional intent and established precedent,” said Sarah Crawford, senior counsel with the Lawyers’ Committee for Civil Rights Under Law’s Employment Discrimination Project. “We still have far to go to fulfill Title VII’s promise of equal employment opportunity. This is a giant leap backward.”
Position Opening: EJS Director of Law and Public Policy
The Equal Justice Society is seeking experienced candidates for the position of Director of Law and Public Policy.
The Director of Law and Public Policy is a member of the management team of EJS and participates in the overall management and development of the organization. The Director reports to the President of EJS.
EJS is a national strategy group driven by a vision of a society where race is no longer a barrier to opportunity. Our mission is to heighten consciousness on race in the law and popular discourse. Grounded by an agenda that seeks progressive legal reform, we engage a three-pronged strategy that incorporates communications, law and policy, and fostering a “grand alliance” among our progressive allies.
Our legal strategy aims to broaden conceptions of present-day discrimination using cognitive science, structural analysis, and real-life experience. We provide attorneys with tools to challenge the flawed assumptions underlying current anti-discrimination doctrine.
The Director of Law and Public Policy is responsible for managing and directing the implementation of multiple programmatic responsibilities in pursuit of the organization’s goals and strategies. The Director will be expected to:
* Supervise and prepare legal activity, including appellate briefs, amicus curiae, and, eventually, impact litigation involving issues of critical importance to EJS’s mission;
* Direct research by EJS staff, consultants and outside academics and social scientists on various legal and social justice issues;
* Plan and prepare law related conferences that bring together legal scholars, practitioners, law students, social scientists, journalists and other concerned activists to stimulate analysis and progressive reform of key areas of the law, with a particular emphasis on civil rights and social justice;
* Direct outreach to law schools, students and faculty to engage in research, public policy initiatives and legal action and supervising legal and/or research interns.
The Director of Law and Public Policy should have at least five (5) years of academic and/or legal experience, particularly in the area of civil rights, critical race theory, and/or the use of social science and the law. The ability to engage legal scholars, practitioners and grassroots activists is essential to successful performance. The Director will supervise a full-time staff attorney and a fellow, additional legal staff as the organization grows, occasional interns and help coordinate and direct other program staff.
The position is an exempt, professional and management position. The Director is expected to be a senior, experienced manager. A demonstrated record of working in coalition with other organizations is required.
Interested candidates should send a résumé and letter of interest on or after July 1* and sent no later than July 15, 2009, to info@equaljusticesociety.org and sent via postal mail (postmarked by July 15) to:
Search Committee
Equal Justice Society
260 California Street, Suite 700
San Francisco, CA 94111
* We ask that applications be sent on or after July 1 due to our office move taking place June 26-30.
Luke Cole: A Fierce Advocate
The Equal Justice Society mourns the loss of Luke W. Cole, founder of the Center on Race, Poverty & the Environment. Luke passed away June 6 in Uganda while on sabbatical.
The social justice movement is filled with many wonderful and effective advocates. Many of us have friends who are not part of this world who are just heaven to be with. Their presence brings a smile to your lips and lifts your heart.
Luke Cole was both—a great and fierce advocate and a great man. Many knew him for his yearly root beer parties. Others knew of the ground breaking work he did in the field of environmental justice. He made sure that the concerns of people of color and poor and working people were addressed when environmental issues were raised.
He also clearly loved his wife and his son and his life. I remember his trying to figure out how to get to France a couple of years ago and remember his absolute delight when he was able to pull it off.
Little did any of us know that this would be his last trip. It is both heart breaking and somehow life affirming that he died while on a trip that brought him so much pleasure. He was dedicated to the work that we all do but he also knew that a fully lived life encompasses much more than work. He knew how to live.
All the people I have communicated with are so sad, so sincerely sad. There is such a sense of loss. We have lost a good friend. A man with a wonderful spirit is no longer with us. We send our prayers and thoughts to his wife Nancy Shelby Cole who lost an eye in the horrible accident that took place on a road in Uganda at 7:30 a.m. on June 6. Their son Zane is on his way to Amsterdam to be with his Mom while doctors fight to save the orb of her eye.
At times like these, the petty concerns of the day fade away. One wants to reach out to everyone you know to let them know that you love them.
Luke’s death is somehow unbelievable. We are all so sad.
Eva Paterson
President
Equal Justice Society
Memorial services for Luke will be announced on the Center on Race, Poverty & the Environment website.
Condolences may be sent to Luke’s family at:
Herbert “Skip” Cole
scole@arthistory.ucsb.edu
2020 El Camino de la Luz
Santa Barbara, CA 93109
Alexandra Cole
Accole5@yahoo.com
519 Fig Avenue
Santa Barbara, CA 93101
Memorial Link:
www.lcmemorial.org
EJS Selects Brando Starkey as Judge Motley Civil Rights Fellow for 2009-2010
The Equal Justice Society announced the selection of Brando Starkey as our Judge Constance Baker Motley Civil Rights Fellow for 2009-2010.
The Judge Motley Fellowship was established to invigorate the next generation of progressive legal practitioners seeking to transform anti-discrimination law and policy. Proceeds from the annual Judge Motley Fellowship luncheon support the fellowship.
Brando Simeo Starkey graduated in June of 2008 with a J.D. from Harvard Law School. There, he was a research assistant at both the Jamestown Project, a think tank, and at the Law School’s library researching various matters for professors. He was also was an opinion editorialist for the Harvard Law Record, the school’s newspaper.
Brando also participated in the Human Rights clinic working for the Center for Constitutional Rights and Alternatives for Community & Environment. During his final year, he did some archival research for Philip Hamburger’s book Law and Judicial Duty.
His first year summer experience involved investigating poverty, arbitrary arrest and constitutional issues in Sierra Leone for the Sierra Leone Citizens’ Rights Association. The following summer, he interned at the Equal Employment Opportunity Commission in Boston, Mass.
He received his undergraduate degree from Ohio State University in 2004 where he participated in the Students Research Opportunities Program and was a grant recipient for the STARS Research Program.
Additionally, he has published several works: The Veil of Fair Representation: Maurice Clarett v. NFL, “Acting White” and the Achievement Gap: Burden or Myth?: A Research Brief & Recommendations for Educators, Policymakers & Members of the Media, and Drastic Action: The 1983 Course Boycott at Harvard Law School.
Brando is finishing his first book on how the epithet Uncle Tom illustrates the various manners in which the law impacts Black culture. He has also delivered speeches on his written works at related academic conferences.
In addition to finishing his book, since graduation, Brando participates in the Post-Graduate Research Fellowship at HLS and was a Harvard Law Summer Fellow in 2008.
Brando starts his fellowship at EJS in October 2009.