The Leadership Conference on Civil and Human Rights

Acceptance Speech of Wade Henderson Upon Receipt of the D.C. Bar's 2002 William Brennan Award

Speech by Wade Henderson - July 12, 2002

Good evening ladies and gentlemen. To President John Payton, to President-elect George Jones, and to the members of the board of governors of the DC Bar, I'm and deeply honored by your selection to receive the 2002 William Brennan Award.

This extraordinary honor would have been a humbling experience in any year in which it was given. However, for me the 2002 Brennan Award takes on special significance.

First, of course, there are few men or women of the law who have spoken more eloquently or forcefully to fundamental issues of civil rights and civil liberties than Justice William Brennan. From his decision in the "Little Rock Nine" case of Cooper v. Aaron in which he boldly reasserted the supremacy of the federal judiciary in interpreting the Constitution and reiterated the Court's commitment to racial equality; to Justice Brennan's "one person, one vote" ruling in Baker v. Carr, which is the foundation for all subsequent decisions guaranteeing that each vote would have equal weight; to what for many may be his most famous opinion in the case New York Times v. Sullivan, in which Alabama state officials filed a libel suit against the New York Times for printing a full-page political advertisement paid by the Committee to Defend Martin Luther King and the Struggle for Freedom in the South. It was Justice Brennen who helped establish the "actual malice" test, held that the Times lacked actual malice, and declared boldly that "erroneous statement is inevitable in free debate."

Justice Brennan stands for the proposition of the Court as the voice of the powerless in the quest for justice and search for a more perfect union.

Second, this year's award is special for me because is presented during the tenure of President John Payton. John has been a long-time friend and colleague in the law and an equally long-time defender of civil and human rights. His presidency of the DC Bar and his co-chairmanship of the Lawyers' Committee for Civil Rights Under Law are but two examples of his many civic contributions. However, it was John's recent successful representation of the University of Michigan in what may become one of the definitive affirmative action decisions of our generation, Univ. of Michigan v. X that deserves special mention. I think Justice Brennan would have been especially proud that the majority's holding in Bakke, in which he participated, would have contemporary vitality; and that it was John Payton who helped deliver the victory.

Finally, the 2002 Brennan Award is significant because it is presented against the backdrop of the tragic events of last September 11, and in the face of new challenges to fundamental civil rights and liberties. Although I did not know him, I think Justice Brennan would be pleased by the Court's decision to prohibit the execution of the mentally retarded; and he might be surprised by the 6 to 3 vote. But I think he would be deeply troubled by the Court's recent series of 5 to 4 decisions resurrecting the concept of states rights and challenging congressional power to remedy discrimination in the context of the Violence Against Women Act , or the Brady "handgun" law, or the Americans with Disabilities Act. And if he were still on the Court, the majority might be different. But lastly, I think Justice Brennan would be keeping a watchful eye on the status of our civil liberties, both citizen and non-citizen after the enactment of the USA Patriot Act and in the shadow of an undeclared war. I think he would be greatly concerned about the "chilling effect" of the indictment of Atty. Lynne Stewart, who represents Sheikh Abdul Rahman and who now finds herself facing prosecution for carrying out her duties as a lawyer or the treatment of Mr. Padilla , who it is said can be detained indefinitely and simultaneously denied the right to counsel.

I'm deeply honored to receive this year's Brennan Award. And yes, may Justice Brennan's wisdom offer guidance as we, the bench and bar of today, face our own challenges to the American ideal of justice.