Rule of Law

Making the Constitution Work for Liberals

The Constitutional Accountability Center recently celebrated its tenth anniversary as a force for invoking the Constitution’s “text, history and values” to produce progressive results. We missed its celebration that took place at the offices of Mayer Brown, but recently caught up with center president Elizabeth Wydra to discuss the center’s accomplishments and future.

First, some background: When I (Tony) first wrote about the center in 2008, the first sentence in the story was: “The United States Constitution: It’s not just for conservatives anymore.” I didn’t know it at the time, but Wydra said that line became the informal motto of the center. “It’s fair to say we live that credo every day, and work to spread that message not only in courtrooms, but also in legislatures, newspapers and television screens across America,” Wydra said.

The goal of founder Doug Kendall, who died in 2015, was to recapture the “constitutional high ground” from conservative groups like the Federalist Society and the Heritage Foundation that had been very successful at channeling the debate about constitutional principles in a conservative direction.

“There’s nobody out there systematically making the argument that the Constitution’s text and history are on the progressive side,” Kendall said in 2008. It’s now ten years and 112 Supreme Court briefs later for the center. It has weighed in on cases ranging from Wyeth v. Levine (drug regulation) and McDonald v. Chicago (Second Amendment) to Obergefell v. Hodges (same-sex marriage.)

Just this week, the center was a key part of the legal team representing Senate Democrats who challenged the legitimacy of acting U.S. attorney general Matthew Whitaker.

Some thoughts from Wydra about the center’s past and future:

➤➤ “What hasn’t changed, from the very beginning, is CAC’s commitment to being an influential voice in the Supreme Court’s incredibly important work. Some we won, others we lost.”

➤➤ “As CAC’s first chief counsel, I built our litigation approach through careful arguments rooted in the Constitution’s text, history, and values aimed at appealing to Justice Thomas as well as Justice Ginsburg.”

➤➤ “The challenge of a conservative Supreme Court and administration is a challenge CAC was born with—we were founded during the last year of George W. Bush’s presidency. CAC was made for this moment. As scholars of the whole Constitution, we at CAC know that our arc of constitutional progress is strong and that the people have pushed our national charter through some of its darkest periods.”

➤➤ “Now that our fellow progressives are facing a staunchly textualist and/or originalist conservative majority, we hope to convince our progressive friends to embrace the text, history, and values of the whole Constitution with enthusiasm. Not as some short-term political tactic—though polling does show our approach is more popular than others—but instead as a sincerely-held conviction that the Constitution is on our side in the most contentious battles that lay ahead. Because it is.”

The center’s bottom line as it begins its second decade, according to Wydra: “We’re accustomed to speaking with conservatives and libertarians on their own terms, whether on the bench or in the public square. We will continue to approach constitutional advocacy that way now that the Court counts Justices Gorsuch and Kavanaugh among its members, just as we have never counted out conservative justices in the last decade.”

More from Rule of Law

Rule of Law
July 25, 2024

USA: ‘The framers of the constitution envisioned an accountable president, not a king above the law’

CIVICUS
CIVICUS discusses the recent US Supreme Court ruling on presidential immunity and its potential impact...
By: Praveen Fernandes
Rule of Law
July 19, 2024

US Supreme Court is making it harder to sue – even for conservatives

Reuters
July 19 (Reuters) - Over its past two terms, the U.S. Supreme Court has put an end...
By: David H. Gans, Andrew Chung
Rule of Law
July 18, 2024

RELEASE: Sixth Circuit Panel Grapples with Effect of Supreme Court’s Loper Bright Decision on Title X Regulation

WASHINGTON, DC – Following oral argument at the U.S. Court of Appeals for the Sixth...
By: Miriam Becker-Cohen
Rule of Law
July 17, 2024

Family Planning Fight Poised to Test Scope of Chevron Rollback

Bloomberg Law
Justices made clear prior Chevron-based decisions would stand Interpretations of ambiguous laws no longer given deference...
By: Miriam Becker-Cohen, Mary Anne Pazanowski
Rule of Law
July 15, 2024

Not Above the Law Coalition On Judge Cannon Inappropriately Dismissing Classified Documents Case Against Trump

WASHINGTON — Today, following reports that Judge Aileen Cannon dismissed the classified documents case against...
By: Praveen Fernandes
Rule of Law
July 15, 2024

Federal judge dismisses Trump classified documents criminal case

Kansas Reflector
MILWAUKEE — The federal classified documents case against former President Donald Trump was dismissed Monday...
By: Praveen Fernandes, Ashley Murray