Int'l Law Section Hopes Nuclear Test Ban Proposal Doesn’t Bomb a Second Time in ABA House
What business does the ABA have taking a position on whether the United States should ratify a treaty that bans testing of nuclear weapons?
The Section of International Law hopes to answer that question when the ABA House of Delegates convenes a two-day session on Monday during the association’s 2010 Annual Meeting in San Francisco. The 561-member House sets policy for the association.
For the second time in six months, the section is bringing a recommendation (107A) to the House calling for the ABA to urge U.S. ratification of the Comprehensive Nuclear Test Ban Treaty. In February, the House rejected the measure after questions were raised whether the issue is germane to the ABA’s mission.
But now, the International Law Section is better prepared to respond to those objections, said Michael Byowitz on Sunday after appearing before the Committee on Rules and Calendar, which sets the agenda for the House. The ABA should address “a legal obligation of the United States,” said Byowitz, a section delegate from New York City. “Lawyers help write treaties, lawyers help approve treaties and lawyers help enforce treaties.”
Meanwhile, signs are getting stronger that the House is poised to approve a recommendation (111) urging state, territorial and tribal governments to eliminate legal barriers to same-sex marriage. The recommendation has been gaining momentum since a U.S. district court judge ruled last week in Perry v. Schwarzenegger that California’s Proposition 8 ban on same-sex marriage violated the U.S. Constitution. On Saturday, Laurence Tribe, the Justice Department’s senior counselor for access to justice, speculated during a program at the Annual Meeting that there is a good chance the Supreme Court would uphold the district court ruling, with Justice Anthony M. Kennedy likely providing the swing vote.
Over the past few days, the Section of Individual Rights and Responsibilities has been adding to its list of co-sponsors for the marriage equality recommendation and, according to one section member involved in developing strategy for any debate, has put together an arsenal of at least 50 people, including members of the ABA leadership, to speak in support of the measure.
Nevertheless, “We’re taking nothing for granted. Opponents don’t always telegraph their efforts,” said the section representative, who declined to speak for attribution because of ongoing informal discussions about the measure.
In an interview after he participated in a Sunday morning program, David Boies, one of the lead plaintiff attorneys in Perry, said it would be “significant” if the ABA comes out in support of marriage equality. “The ABA obviously is the most respected legal organization in the United States, and probably the world, and its opinion will be listened to by legislators and courts,” he said.
The House will consider two recommendations (104 and 105) intended to help federal, state and territorial governments assure that low-income individuals receive legal representation at public expense in civil matters where basic human needs are at stake. The House also will consider a series of recommendations (100D-I) on ways to improve procedures for gathering and testing forensic evidence in criminal cases.
In other business, outgoing ABA President Carolyn B. Lamm of Washington, D.C., and Steven N. Zack of Miami will address the House. Outgoing chair of the House, William C. Hubbard of Columbia, S.C., will hand over the gavel to Linda A. Klein of Atlanta. In addition, Lamm will present the ABA Medal, the association’s highest award, to Supreme Court Justice Ruth Bader Ginsburg.
And included among late reports to the House is a proposed resolution recognizing the 50th anniversary of the publication of To Kill a Mockingbird, the novel by Harper Lee that portrayed small-town lawyer Atticus Finch as an icon of professional ideals and courage. There have been no indications of opposition to that measure.
