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Wake Forest Debate 2006-07

Zafar Moosajee

Hollow Hope DA
page 1 of 77

Table of Contents
1NC Shell – Gay Movement Scenario 1/4....................................................................................................................................... 3 1NC Shell – Gay Movement Scenario 2/4....................................................................................................................................... 4 1NC Shell – Gay Movement Scenario 3/4....................................................................................................................................... 5 1NC Shell – Gay Movement Scenario 4/4....................................................................................................................................... 6 1NC Shell – Immigration Scenario 1/4............................................................................................................................................. 7 1NC Shell – Immigration Scenario 2/4............................................................................................................................................. 8 1NC Shell – Immigration Scenario 3/4............................................................................................................................................. 9 1NC Shell – Immigration Scenario 4/4........................................................................................................................................... 10 1NC Shell – Environment Scenario 1/4......................................................................................................................................... 11 1NC Shell – Environment Scenario 2/4......................................................................................................................................... 12 1NC Shell – Environment Scenario 3/4......................................................................................................................................... 13 1NC Shell – Environment Scenario 4/4......................................................................................................................................... 14 2NC Overview – Gay Movement Scenario.................................................................................................................................... 15 2NC Overview – Environment Scenario........................................................................................................................................ 16 2NC Overview – Immigration Scenario.......................................................................................................................................... 17 A2: Courts Help Movements – Gay Rights.................................................................................................................................... 18 A2: Courts Help Movements – Gay Rights.................................................................................................................................... 19 A2: Courts Help Movements - Immigration.................................................................................................................................... 20 A2: Courts Help Movements - Immigration.................................................................................................................................... 21 A2: Courts Help Movements - Environment................................................................................................................................... 22 A2: Courts Help Movements - Environment................................................................................................................................... 23 Uniqueness – Generally Not Using Courts.................................................................................................................................... 24 Link—Each Decision Keeps The Hope Alive................................................................................................................................. 25 Courts can’t solve - General.......................................................................................................................................................... 26 Courts can’t solve - General.......................................................................................................................................................... 27 Courts fail—reduce mobilization.................................................................................................................................................... 28 Court = Hollow Hope – Brown Proves........................................................................................................................................... 29 Court = Hollow Hope – Brown Proves........................................................................................................................................... 30 Court = Hollow Hope – Brown Proves........................................................................................................................................... 31 Movements Solve - General.......................................................................................................................................................... 32 Movements Solve - General.......................................................................................................................................................... 33 Court = Hollow Hope – Roe Proves............................................................................................................................................... 34 Courts trade off with congress....................................................................................................................................................... 35 A2: Rosenberg Wrong................................................................................................................................................................... 36 A2: Rosenberg Wrong................................................................................................................................................................... 37 A2: State Co-opts the movement................................................................................................................................................... 38 Impact: Turns Solvency................................................................................................................................................................. 39 Impact: Decreased US Leadership................................................................................................................................................ 40 Environmental Movement Uniqueness.......................................................................................................................................... 41 Environmental Movement Uniqueness.......................................................................................................................................... 42 Courts demobilize environmental movement................................................................................................................................. 43 Impact: Biodiversity........................................................................................................................................................................ 44 Congress Solves Gay Rights Movement....................................................................................................................................... 45 Gay Rights Movement Uniqueness............................................................................................................................................... 46 Gay Rights Uniqueness................................................................................................................................................................. 47 Immigration Uniqueness................................................................................................................................................................ 48 Immigration Uniqueness................................................................................................................................................................ 49 Immigration Uniqueness................................................................................................................................................................ 50 Immigration Link Magnifier – 1 piece key....................................................................................................................................... 51 Civil Rights Mov’t => Immigration Movement................................................................................................................................. 52 Immigration – Grassroots Solves................................................................................................................................................... 53 Immigration Link - Courts Can’t Solve .......................................................................................................................................... 54 Impact – Immigration key to Economy .......................................................................................................................................... 55 US Economy Key to Global Economy........................................................................................................................................... 56 Impact – Economy......................................................................................................................................................................... 57

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Wake Forest Debate 2006-07
Zafar Moosajee

Hollow Hope DA
page 2 of 77

A2: Immigrants Take Jobs............................................................................................................................................................. 58 Immigration Impact: Terrorism....................................................................................................................................................... 59 Immigration Impact - Terrorism...................................................................................................................................................... 60 Immigration Impact - Terrorism...................................................................................................................................................... 61 Terrorism Impact............................................................................................................................................................................ 62 Immigration Impact – Conflict and War.......................................................................................................................................... 63 Generic Movement Impacts........................................................................................................................................................... 64 Generic Movement Impacts........................................................................................................................................................... 66 THE AFF SECTION....................................................................................................................................................................... 67 2AC Frontline ................................................................................................................................................................................ 68 2AC Frontline................................................................................................................................................................................ 69 2AC Extensions-Uniqueness......................................................................................................................................................... 70 2AC Extensions- Turn.................................................................................................................................................................... 71 2AC Extensions-Turn..................................................................................................................................................................... 72 2AC Extensions-Progressive Decisions......................................................................................................................................... 73 2AC Extensions-Rosenberg has problems ................................................................................................................................... 74 2AC some more Random Answers ............................................................................................................................................... 75 More 2AC stuff............................................................................................................................................................................... 76 More 2AC Extensions ................................................................................................................................................................... 77

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Wake Forest Debate 2006-07
Zafar Moosajee

Hollow Hope DA
page 3 of 77

1NC Shell – Gay Movement Scenario 1/4
A. The Gay and lesbian movement is turning to the grassroots and the local level
Strategic Direction http://www.thetaskforce.org/aboutus/direction.cfm in 2006 acessed July 1, 2006 The Task Force is the organization that builds grassroots political power of the LGBT community in order to attain complete equality. The following four Primary Strategies are employed by The Task Force to build political power for the LGBT community: 1Strengthening state and local grassroots activists' power by building their capacity to organize and to initiate and respond appropriately and effectively to a range of political struggles. Arming activists with research, facts, and messages to advance complete equality and refute and expose the homophobic attacks against the LGBT community. Being the unwavering and uncompromising national voice within the LGBT movement, that consistently raises the interconnections between homophobia, transphobia, biphobia, sexism, racism, and classism. Acting as the movement's primary convener and coalition builder including working with non-LGBT allies. Strategic Directions The Task Force expands the ability of local and state organizations to exercise political power The Task Force uses strategically its power and presence in political arenas The Task Force uses strategically its role as the principal convener within the movement

B – Court decisions are like flypaper, they drag social movements from congress to the courts, where they fail. This turns solvency for the case
Rosenberg, Associate Professor Political Science @ U Chicago Law 1991, Gerald N The Hollow Hope, p. 340

courts act as "fly-paper" for social reformers who succumb to the "lure of litigation." If the constraints of the Constrained Court view are correct, then courts can seldom produce significant social reform. Yet if groups advocating such reform continue to look to the courts for aid, and spend precious resources in litigation, then the courts also limit change by deflecting claims from substantive political battles, where success is possible, to harmless legal ones where it is not. Even when major cases are won, the achievement is often more symbolic than real. Thus, courts may serve an ideological function of luring movements for social reform to an institution that is structurally constrained from serving their needs, providing only an illusion of change.'
If this is the case, then there is another important way in which courts affect social change. It is, to put it simply, that

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University of California at Davis 1993. “: Los Olvidados: * Images of the Immigrant. claiming that negotiations with the executive branch might have produced more favorable results. n349 Some refugee rights advocates. which may require them to re-evaluate their role as attorneys promoting social change. n347 Mounting litigation setbacks for the executive branch have not remedied the serious structural flaws in the immigration bureaucracy. major institutional reform has not been forthcoming. even during conservative presidencies. at times has convinced the INS to alleviate the harshness of its policies. n355 The nominal role of [*1227] noncitizens in the legal system can be nothing other than disempowering. treats class members as little more than passive observers. however. The continued existence of such flaws consistently requires more costly litigation. although litigation may have assisted in some ways. the evaluation of possible litigation must be viewed in light of viable alternatives. -4- . the status quo. by definition has its limits. Litigation Would Destroy the Gay Rights Movement Johnson Professor of Law. Thus. C. 1993 Litigation. Reform litigation also is fraught with hazards in light of the current composition of the courts. Concerted pressure. and Immigration Law and Enforcement. alienating. n351 The Presidency has changed hands. n348 Although there has [*1226] been some success. which drains the limited resources of immigrant and refugee groups. Empowerment is necessary to avoid future litigation. however. n353 Care must be taken in formulating and pursuing litigation strategies to avoid particularly impact litigation with its laudable reform goals. even if successful in its aims. That glimpse at law in action is unlikely to mobilize them to demand change when attorneys are unavailable to take charge.” Brigham Young University Law Review. particularly in the Supreme Court. may do little in the long run to empower the disempowered . n354 Impact litigation in particular often that pitfall. n352 Deeper criticisms of litigation require consideration as well. n356 Lawyers therefore must address strategies besides litigation. which President Bush often continued. n350 Whether or not that criticism is justified. despite successful litigation and despite the intense criticism of the immigration system in recent years. n346 Despite the aggressive and often successful litigation strategy of various immigrant and refugee groups in the 1980s. and foreign as they are--render them just as powerless. mobilization may be the only long-term solution to the political powerlessness of the immigrant community and allow noncitizens to control their destiny. political solutions to the plight of noncitizens appear more likely to bear fruit than does litigation. Political Power of Noncitizens. the changes wrought generally were incremental and piecemeal in nature . the Reagan administration took some rigid stands on immigration matters. Noncitizens have limited power in society and may be left after litigation. n357 Indeed. Put simply. critics have argued that litigation has preserved.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 4 of 77 1NC Shell – Gay Movement Scenario 2/4 C. During the 1980s. there have been stunning litigation failures as well. if not strengthened. with the firm impression that legal institutions--strange. secondguessed the decision to attempt to halt the Haitian repatriation program through litigation. n358 Lobbying efforts might change the immigration laws and restrain the immigration bureaucracy. the continued need for it--and the monitoring function that it serves--amply illustrates its shortcomings. pawns of well-meaning attorneys pursuing social change. litigation. and negotiation may prove more fruitful than it once was. Strategies that Facilitate Storytelling At least in the long run. In other substantive areas. More fundamentally.

-5- .htm objectively becomes an act of subversion which undermines the very foundations of oppression.root and branch. Hence the Nazi’s vilification of gay men as "sexual subversives" and "sexual saboteurs" who. By challenging the cult of heterosexual masculinity. police.petertatchell. had to be "exterminated. liberated from masculinity. lesbian and gay liberation politics is about much more than the limited agenda of human rights. gaolers and censors or as routine civil servants and state administrators who act as the passive agents of repression by keeping the day-to-day machinery of unjust government ticking over). It offers a unique and revolutionary contribution to the emancipation of the whole of humanity from all forms of oppression and subjugation. gay author and activist June 1989 Peter gay liberation is central to human emancipation http://www.net/masculinity/gay%20liberation.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 5 of 77 1NC Shell – Gay Movement Scenario 3/4 D. in the words of Heinrich Himmler." In conclusion: the goal of eradicating injustice and exploitation requires us to change both the social structure and the individual personality to create people who. no longer psychologically crave the power to dominate and exploit others and who are therefore unwilling to be the agents of oppressive regimes (whether as soldiers. Gay rights are Critical to end all Human oppression and suffering Tatchell.

shall see in the next section. the human soul. so far as lies in his power. The Reconstruction Amendments constitutionally insist on respect for these demands and thus rest on and express abolitionist political morality. radically discontinuous with in anything recognizably human. For example. It is worse than any impact they will claim Richards . extend our earlier analysis of moral slavery to the traditional reprobation of homosexuality . gays. the central moral question of the rights-denying evil of slavery and its inconsistency with the Declaration of Independence. by his vast influence. homosexuals. are traditionally supposed to be outcasts from the human race as well. The political evil of sexism expressed itself in a morally degraded interpretation of private life to which women. Homosexuals. Our interpretive attitude today should take account of abolitionist political theory and practice as part of an enriched sense of what our constitutional tradition is and how it should be carried forward on the terms that do justice to it. that he is penetrating. Women.' and that Stephen Douglas's theory of popular sovereignty (by which territories could decide whether to have or not have slavery) illegitimately evaded what was. as morally inferior. when he is in every possible way preparing the public mind. like racism and sexism. nothing can be wrong. Lincoln put the point starkly: "if slavery is not wrong. The political evil of racism expressed itself in a contemptuous interpretation of black family life (enforced by anti miscegenation laws that confined blacks. can or should identify. Director. Homophobia reflects a cultural tradition of rights-denying moral slavery similar to and indeed overlapping with the American tradition of sexist degradation. only here focusing specifically on gender roles in intimate sexual and emotional life. We must reject the reign of terror of discrimination against gay men and lesbians. for that matter. Gays and lesbians are thus culturally dehumanized as a non-human or inhuman species whose moral interests in love and friendship and nurturing care are. a rigid conception of gender roles and spheres. J. consistent with their inhumanity. and the constitution. the intellectual reign of terror that once aimed to impose racism and anti -Semitism on the larger society and even on these stigmatized minorities themselves today aims to enforce homophobia at large and self-hating homophobia in particular on homosexuals as well. as a separate species. and Social Theory. in effect.A way of making this point is to observe that homophobic prejudice. which unjustly constructs the inhumanity of homosexual identity on the basis of exactly the same kind of vicious circle of cultural degradation unjustly imposed on African Americans through antimiscegenation laws.” He also argued that the opinion of Chief Justice Taney in Dred Scott (holding unconstitutional a power in Congress to exclude slavery from the territories) was wrong because it flouted this principle. 17-18 We may and should. is no just rule other than that of moral and abstract right!" It cannot do justice to this enriched understanding of our interpretive responsibilities to trivialize our interpretation of the Reconstruction Amendments with some fictive search for the concrete exemplars to which some suitably described majority of the Reconstruction Congress or the ratifying states or. a different species. in his Gettysburg Address. like sexism. The recovery of our constitutional moral sanity was how Lincoln. intimate life. must be kept in the sphere. Philosophy. appealed to the central abolitionist moral judgment of the rights-denying evil of slavery. Lincoln argued that Douglas is blowing out the moral lights around us. he argued that the long-term ambition of the rights-based Constitution for such an evil was "that it is in the course of ultimate extinction. and thus incapable and indeed unworthy of being accorded what all persons are. for enduring personal and ethical meaning and value in living. New York University 1998 David A. and eradicating the light of reason and the love of liberty. merely a morally inferior sphere. Abolitionist theory and practice played a crucial role in reviving and retelling this story. Its vehicle is the denigration of gay and lesbian identity as a devalued form of conscience with which no one. are deemed subculturally nonhuman or inhuman: an alien species incapable of the humane forms of culture that express and sustain our inexhaustibly varied search. homosexuals are uncritically excluded from the scope of a basic human right of intimate life now liberally extended to all other persons. cases like Bowers v. under pain of ascribed membership in such a devalued species. were confined as." If the nation lost its competence at making and enforcing such rights-based judgments as fundamental constitutional morality. but an unspeakably and inhumanly evil sphere." Thus the antebellum constitutional struggle was a fight over basic issues of political morality and the role of that morality in constitutional interpretation. as free moral persons.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 6 of 77 1NC Shell – Gay Movement Scenario 4/4 E. it could stand for nothing and anything. and work. on grounds of principle. a culturally constructed and imagined diabolic hell to which gays and lesbians must be compulsively exiled on the same irrationalist mythological terms to which societies we condemn as primitive exiled devils and witches and werewolves. legitimating the uncritically irrationalist outrage at the very idea of gay and lesbian marriage.Edwin D. on wholly unprincipled and inadequate grounds. on which the legitimacy of the Constitution ultimately rested. As we. to an inferior sphere). when he contends that whoever wants slaves has a right to hold them. Hardwick are plausibly condemned as themselves expressing homophobia to the extent. unjustly distorts the idea of human rights applicable to both public and private life. advocates of radical antislavery would or would not have applied the relevant clause under interpretation. gave enduring moral meaning to the sacrifices of the Civil War. but intrapsychically in the person whose sexuality is homosexual. By undermining the political morality of human rights. who bad in 1837 criticized abolitionist advocacy as lending "rather to increase than to abate its [slavery's] evils. Groups. Our interpretive attitude must be to make the best sense of them in light of the genre of American revolutionary constitutionalism that they assume and to critically elaborate them in deference to the narrative integrity of the story of the American people and their struggle for politically legitimate government that respects human rights. because they violate these gender roles. In similar fashion. in the Lincoln-Douglas Debates of 1858. namely as "a new birth of freedom. self-consciously demonized (as devils) as they are by contemporary sectarian groups. the root of homophobia is. on equal terms owed: respect for their basic human rights to conscience. p. thus marked off as ineligible for the central institutions of intimate life and cultural transmission. . Webb Professor of Law.The constitutional interpretation of the Reconstruction Amendments must thus give expression to each generation's most reasonable understanding of the demands of human rights in its circumstances. Such degradation constructs not." Lincoln thus morally grounded the Civil War on the abolitionist demands for respect for human rights. speech. in their nature. for Lincoln. Program for the Study of Law. The culture of such degradation is pervasive and deep. Abraham Lincoln. Human rights should be interpreted in Lincoln's terms that "there. as in the case of gender. for making the institution of slavery perpetual and national. -6- . the evil of homophobic prejudice is its degradation of homosexual love to the unspeakably private and secretive not only politically and socially.

part of a coalition called the Colorado Grassroots Movement for Immigrant Justice. including a growing number of student activists. there have been a series of student walkouts and other demonstrations. Yet if groups advocating such reform continue to look to the courts for aid. and spend precious resources in litigation. of the Colorado Catholic Conference. they drag social movements from congress to the courts. echoing a debate that's occurring among immigrant rights groups across the country. "That's why this May 1st thing has the potential to be so explosive . the achievement is often more symbolic than real. 19. Einwohner said. calling on students from at least 10 high schools and middle schools to leave class and gather at the state Capitol for a late morning rally. a sociology professor at Purdue University in Indiana. "People are. But others caution that actions that go beyond the rallies that Denver has seen in recent weeks could backfire and strengthen calls for get-tough laws that would penalize illegal immigrants. 340 courts act as "fly-paper" for social reformers who succumb to the "lure of litigation. This turns solvency for the case Rosenberg. when immigrants across Colorado and the nation are being urged to skip work for the day to protest legislation passed by the House of Representatives that would criminalize undocumented immigrants and the people who help them.to see Congress pass immigration reform that gives people who are in the country illegally a path toward citizenship." Immigrant rights took center stage at a March 25 Civic Center demonstration that drew an estimated 50. Sometimes groups come back together and sometimes their split hardens. what does a movement look like. student organizers are planning to up the ante. the Internet and e-mail. which took off with stunning success last month. history. Lexis Nexis The new immigrant rights movement in Colorado. said Rachel Einwohner. interested in achieving justice. Since then. She noted that the civil rights movement splintered into factions that took different approaches. That's not unusual. It is. Gerald N The Hollow Hope. of the youth activist group Jovenes Unidos. favor the aggressive tactics of walkouts and a boycott to show the economic power of the immigrant community . While details of the local events are still undecided. Saturday Calls for May 1 boycott test immigration unity.000. Students may stage another walkout May 1. to put it simply.S. some fear backlash. is now facing its first real test over a planned student walkout April 19 and a work boycott May 1 Some leaders. " In terms of a movement. of course. providing only an illusion of change. where success is possible. The Immigration Movement is having an explosive effect at the local level the Colorado protests Prove Kim And Ramirez staff writers for Rocky Mountain News 2006 Myung Oak And Rosa April 15. that -7- .because you can't control it." If the constraints of the Constrained Court view are correct. and "it can be very difficult to get the two sides back together. But next Wednesday. to harmless legal ones where it is not." she said.. Associate Professor Political Science @ U Chicago Law 1991. But the two upcoming events have created a disagreement over strategy. said Eddie Montoya. The protest movement has also hit Mexico and parts of Central America.' If this is the case. the myriad of organizers are struggling to unify on strategy and scrambling to keep up with calls to action sent nationwide through Spanish-language media. Protest movement splinters on tactic. Even when major cases are won. with some groups calling for boycotts May 1 of American-made products." B – Court decisions are like flypaper. then there is another important way in which courts affect social change. courts may serve an ideological function of luring movements for social reform to an institution that is structurally constrained from serving their needs." said Jamila Spencer. Thus.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 7 of 77 1NC Shell – Immigration Scenario 1/4 A. then the courts also limit change by deflecting claims from substantive political battles. All factions in the immigrant rights movement agree on the goal . They're not always going to agree on how to achieve that. p. where they fail. we're seeing a very unique dynamic that I think is unprecedented in U. then courts can seldom produce significant social reform.

particularly in the Supreme Court. there have been stunning litigation failures as well. n351 The Presidency has changed hands.” Brigham Young University Law Review. pawns of well-meaning attorneys pursuing social change. Political Power of Noncitizens. n352 Deeper criticisms of litigation require consideration as well. n348 Although there has [*1226] been some success. In other substantive areas. That glimpse at law in action is Empowerment is necessary to avoid future litigation. The continued existence of such flaws consistently requires more costly litigation. which drains the limited resources of immigrant and refugee groups. and negotiation may prove more fruitful than it once was. -8- . n349 Some refugee rights advocates. C. n354 Impact litigation in particular often that pitfall. although litigation may have assisted in some ways. even if unlikely to mobilize them to demand change when attorneys are unavailable to take charge. at times has convinced the INS to alleviate the harshness of its policies. Put simply. n355 The nominal role of [*1227] noncitizens in the legal system can be nothing other than disempowering. n356 Lawyers therefore must address strategies besides litigation. Noncitizens have limited power in society and may be left after litigation. Strategies that Facilitate Storytelling At least in the long run. Concerted pressure.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 8 of 77 1NC Shell – Immigration Scenario 2/4 C. litigation. which President Bush often continued. n358 Lobbying efforts might change the immigration laws and restrain the immigration bureaucracy. if not strengthened. During the 1980s. University of California at Davis 1993. “: Los Olvidados: * Images of the Immigrant. which may require them to re-evaluate their role as attorneys promoting social change. 1993 Litigation. despite successful litigation and despite the intense criticism of the immigration system in recent years. n346 Despite the aggressive and often successful litigation strategy of various immigrant and refugee groups in the 1980s. the changes wrought generally were incremental and piecemeal in nature . however. and Immigration Law and Enforcement. the status quo. the evaluation of possible litigation must be viewed in light of viable alternatives. major institutional reform has not been forthcoming. n357 Indeed. treats class members as little more than passive observers. political solutions to the plight of noncitizens appear more likely to bear fruit than does litigation. n350 Whether or not that criticism is justified. may do little in the long run to empower the disempowered . with the firm impression that legal institutions--strange. More fundamentally. successful in its aims. n347 Mounting litigation setbacks for the executive branch have not remedied the serious structural flaws in the immigration bureaucracy. Thus. Reform litigation also is fraught with hazards in light of the current composition of the courts. Litigation Would Destroy the Immigrant’s Rights Movement Johnson Professor of Law. alienating. the continued need for it--and the monitoring function that it serves--amply illustrates its shortcomings. the Reagan administration took some rigid stands on immigration matters. and foreign as they are--render them just as powerless. critics have argued that litigation has preserved. n353 Care must be taken in formulating and pursuing litigation strategies to avoid particularly impact litigation with its laudable reform goals. however. mobilization may be the only long-term solution to the political powerlessness of the immigrant community and allow noncitizens to control their destiny. claiming that negotiations with the executive branch might have produced more favorable results. secondguessed the decision to attempt to halt the Haitian repatriation program through litigation. by definition has its limits. even during conservative presidencies.

the U. year. typically among the higher-skilled and lower-skilled occupations.org/pubs/speeches/ct-dg052605. workforce that competes directly with immigrants is more than offset by the lower prices and wider range of goods and services that all workers enjoy because of immigration. They gravitate to occupations where the supply of workers falls short of demand . Daniel T May 26. economy. Chairman and members of the Subcommittee. That hourglass shape of the immigration labor pool complements the native-born workforce. The result is a more efficient economy that can achieve a higher rate of sustainable growth without encountering bottlenecks or stoking inflation. Director.freetrade. healthy growth rate in the U. Americans also benefit from higher returns on investment. Germany. immigrants do not compete directly with the vast majority of American workers.S. allowing the supply of workers to increase relatively quickly to meet rising demand. services and consumer goods. while Japan. The comprehensive study by National Research Council in 1997 concluded that immigration delivers a "significant positive gain" of $1 billion to $10 billion a year to native-born Americans. Immigration provides needed flexibility to the U.S. labor force. Immigration helps to maintain a steady. and those already here can decide to return home. and from the opportunities created for more skilled native-born workers in those industries that depend on immigrant workers to meet the needs of their customers. would-be immigrants can decide not to enter. Our current immigration system is fundamentally out of step with the realities of American life and desperately needs comprehensive reform. When demand falls. where most workers fall in the middle range in terms of skills and education. economy.S.S. [1] [2] And those gains from immigration recur year after -9- . transportation. The impact of immigration on the small segment of the U.html. As a result. Immigration not only increases the supply of labor but also the demand for the labor of others—to provide food. Center for Trade Policy Studies The Cato Institute 2005. Immigration Critical to Save the US economy Griswold. The Need for Comprehensive Immigration Reform: Serving Our National Economy http://www. and other advanced economies will be forced to adjust to an unprecedented decline in their workforces. thank you for inviting the Cato Institute to testify today on the subject of immigration reform and the U. housing. Mr.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 9 of 77 1NC Shell – Immigration Scenario 3/4 D. Immigrants play an important part in the success of America's freeenterprise economy.S. workforce and economy will continue to grow well into the 21st century. Immigrant workers willingly fill important niches in the labor market. Because of immigration.

These wars will so damage the complex economic and trading networks and squander material. 4/1/04 F. these neocolonial wars. biological and energy resources that they will undermine the global economy that its ability to support the earth’s 6 to 8 billion people. Council on Foreign Relations with expertise in the international political economy 2004. and others will fight neocolonial wars to force these countries to remain within the collapsing global economy. Foreign Policy. Europe. fought to maintain the developed nations’ economic and political hegemony. 56 Most critics would argue. These neocolonial wars will result in mass death.10 - . . then we may see mass death and genocide on a global scale that will make the deaths of WWII pale in comparison. Senior Fellow in US Foreign Policy. Collapse of the US economy causes a collapse of the world economy Mead. and even regional nuclear wars. The Coming Age of Scarcity p. Japan. If First World countries choose military confrontation and political repression to maintain the global economy. This would be the worst case scenario for the collapse of global civilization. that instead of allowing underdeveloped countries to withdraw from the global economy and undermine the economies of the developed world. the United States. However.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 10 of 77 1NC Shell – Immigration Scenario 4/4 E. suffering. probably correctly. Collapse of the global economy risks extinction and nuclear exchange Lewis professor at the University of Colorado-Boulder 1998 Chris H. will cause the final collapse of our global industrial civilization.

In truth. housing and community-development strategies to lanes. Transportation gridlock. In June 2003. Both sides overlook a new dynamic that is revitalizing and redefining environmentalism: the development of locally and regionally based quality-of-life movements. the environmental movement's vitality depends on how we define the movement.11 - . transit riders and residents. and the disconnect between workplace and residency are all now environmental issues. The Environmental Movement Has Shifted Its Focus To Grassroots Community Activism But Prospects For Its Success Hang in the Balance Some environmentalists are ready to pronounce their movement dead. And all these concerns have significant implications for global warming. the loss of open space to land-gobbling auto-dependent transportation and parking systems. such as protecting the Arctic National Wildlife Refuge from oil drillers.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 11 of 77 1NC Shell – Environment Scenario 1/4 A. is the green groups' inability to link with labor and social movements and develop a broad coalition to take on such multifaceted issues as global warming. though. dozens of community and neighborhood organizations secured a permit to close the Pasadena Freeway between Pasadena and downtown Los Angeles for one morning. As evidence they point to the relentless confidence with which President Bush and Republican majorities in Congress attack long-standing environmental goals . The reason. Take global warming. The food movements spotlight the link between how and where food is grown (and processed) and how it's consumed. Traditional environmentalism focused on pesticides and their effects on air and water quality. Local quality-of-life movements have dramatically brought their issues into public view in the last two years. A community festival climaxed what some participants called "a magical moment" for Los Angeles. This is more than a linguistic exercise. The environmentalists counter they have partners in their quest for energy efficiency. watershed. Food is at the center of other quality-of-life movements. bikers. . The "environmentalism is dead" crowd contends that the big environmental groups have failed to get new federal laws passed limiting global-warming gases. The make the corridor between Pasadena and downtown Los Angeles friendlier for pedestrians. Walkers and bicyclists filled the freeway's groups called for new transportation. they say.

This turns solvency for the case Rosenberg. where they fail.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 12 of 77 1NC Shell – Environment Scenario 2/4 B – Court decisions are like flypaper. Thus. Associate Professor Political Science @ U Chicago Law 1991. to harmless legal ones where it is not. to put it simply." If the constraints of the Constrained Court view are correct.340 courts act as "fly-paper" for social reformers who succumb to the "lure of litigation. where success is possible. Gerald N The Hollow Hope. providing only an illusion of change.' If this is the case. they drag social movements from congress to the courts. courts may serve an ideological function of luring movements for social reform to an institution that is structurally constrained from serving their needs. It is.12 - . Yet if groups advocating such reform continue to look to the courts for aid. then there is another important way in which courts affect social change. and spend precious resources in litigation. p. the achievement is often more symbolic than real. Even when major cases are won. then the courts also limit change by deflecting claims from substantive political battles. that . then courts can seldom produce significant social reform.

172). Wenner found "no letup in industry's strategy that the best defense is a good offense in challenging every government regulation before it can take effect" (Wenner 1988. Thus.13 - . those advantages were only available to those who made it past the courthouse doors. as Hays points out. If courts are normally deferential to agencies. 61). 87). at the frontiers of science. Gerald N The Hollow Hope. And comparing the ability of industry to effectively use the courts with that of environmentalists. Focusing on the latter. compliance leads to another program being deprived of resources. now let them enforce it"' (Melnick 1983. "often have better reasons than mere timidity" for dragging their feet. p. with groups having "difficulty paying `up front' costs of these cases" (Miller 1984. constraint on courts involves implementation. Even when courts order agencies to take specific steps or meet certain deadlines. 981-82). "By itself. need political support to implement environmental decisions and regulations. both Judges Bazelon and Leventhal have noted judges' lack of training and knowledge to assess the merits of scientific arguments. announcing rights does not protect rights" (Melnick 1983. The result is that environmental lawyers can bring very few suits. Courts. and political resources to carry out" the court order (Melnick 1983. In the area of air quality. in practice. was striking" (Hays 1986. But "standards that seem excessively demanding to state and local administrators. "Litigation. Hays reached a sobering conclusion: "the relative ability of industry to bring litigation. 656. as proponents of the Constrained Court view point out. Writing in 1984.'9 Overall. When courts order agencies to invest more resources in a given program. It leads courts to ignore the possible in favor of the principled. 345. like all social reformers. Drawing environmental movements to the courts would collapse the movement Rosenberg. 366. Melnick notes that the "EPA has missed most of the deadlines set by courts. Associate Professor Political Science @ U Chicago Law 1991. 378). they are even more likely to act deferentially when the matter at controversy is highly technical. within its area of special expertise.. "can delay any real pollution control effort" (Wenner 1982. 297). have limited resources. By the 1980s. O'Leary. in contrast with the limited capabilities of environmentalists.000. One of the main reasons for this last conclusion is that environmentalists. challenge administrators through lawsuits. they may lack the "technical. As Melnick cleverly puts it." And. courts are not usually aware of the The third constraints under which implementing agencies operate. 297). Wyandotte Chemicals Corp. Melnick 1983. 281). Wald 1985. This problem is exacerbated with environmental protection because its effects are widely felt . The result. then. nature of the legal system also means that environmentalists have no control over access to courts." The Supreme Court made this deference explicit in a case dealing with the Nuclear Regulatory Commission: "the Commission is making predictions. "one cannot help but wonder whether state and federal regulators have sometimes thought. `the NRDC and the courts have their standard. of course. judges' "lack of sufficient technical training" has reinforced courts' unwillingness to become involved in substantive environmental matters (Hays 1986. In addition. the "court cannot appropriate more money" agencies often are forced to make choices about where to invest limited resources. the most important problem created by the implementation constraint is the courts' inability to insure that their decisions are implemented. although courts may have offered certain advantages to environmentalists. Reviewing environmental litigation in the 1970s. these cost estimates assume lawyers work for free or at greatly reduced rates." "I Off the bench." industry discovered. The decentralized (Melnick 1983. 19). 72). 23). 367) and courts' lack of resources. claiming that Congress has not provided it with enough money or trained personnel. the piece-meal picture of the problem that litigation affords (Bowman 1976. Miller found that the costs of environmental suits ran as high as $200. and members of the public directly affected" are hard to enforce (Melnick 1983. 279 The traditional deference that courts show administrative agencies may be heightened in the environmental field because of the complicated technical and scientific nature of many of the issues. Perhaps Courts. This means that agencies.46). it may produce little in the way of results. as Melnick points out. or the political resources necessary to comply. Wenner found that industry had "set about systematically to challenge every environmental law on the books" (Wenner 1982. the money. lack most of the necessary tools for implementation. and postpone action and neutralize administrative choice. the best-intentioned judicial decisions may hurt rather than help the environment.000 environmental decisions in the federal courts found only one instance where Congress provided EPA with additional staff or funds to comply with a court order (O'Leary 1989. Melnick finds that in the environmental area the celebrated judicial independence of the Dynamic Court view is "essentially a negative quality" (Melnick 1983. the agencies may lack sufficiently trained personnel. As environmental attorney Macbeth put it: "there is one brutal necessity for effective participation by the general public in the NEPA procedure: money" (Macbeth 1975. to delay or reverse government decisions and to tie up their opponents. Thus. 7). As early as 1970 Sive concluded that when "your defendant is big enough to put on a good defense. 1971. a reviewing court must generally be at its most deferential. And. When examining this kind of scientific determination. while the enunciation of principles is a noble undertaking." as large polluters invariably are. 504. administrative. . And.000" (Sive 1970a. as opposed to simple findings of fact. litigation costs will run environmentalists "over $100.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 13 of 77 1NC Shell – Environment Scenario 3/4 C. examining over 2. is that polluters can use the courts the same way environmentalists have. including the complexity of environmental litigation (Ohio v. as well as the EPA. 10411 n. In the environmental area this constraint is manifested in a number of ways. 3). congressmen and presidents. 976). 372). when faced with court decisions requiring action they deem unworkable.

but in which both contingents are willing to compromise in the interests of a common nation and. and where liberals forward an agenda aimed at social progress and environmental protection. The best hope I see is through a new alliance of moderates from both the left and right--a coalition in which moderate conservatives continue to insist on efficiency and prudence. 250 In conclusion. the movement must devise realistic plans and concrete strategies for avoiding ecological collapse and for reconstructing an ecologically sustainable economic order. not against. environmentalism's challenge must be more than to criticize society and imagine a blissful alternative. ultimately. a common humanity. To do so will entail working with . The environmental reforms necessary to ensure planetary survival will require the forging of such a broad ranging political consensus. On the contrary. p. Impacts: Politically active environmentalism is key for planetary survival LEWIS Assistant Professor in the school of Environment and the Center for International Studies at Duke 1994 Martin Green Delusions. .Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 14 of 77 1NC Shell – Environment Scenario 4/4 D.14 - . society at large.

Extend Tatchell in 99 the gay rights movement is key to bring the end of human suffering and pain also extend he Richards in 98. The implications for this are two fold.org evidence. the gay movement is strong because of grass roots involvement – that’s the www. Magnitude – passing the plan would prevent the end of human suffering and allow the discrimination of gays and lesbians to continue which is the worst possible harm in this round 2. However. Extend the Johnson 1993 evidence. when you pass the plan through the courts. it will draw the Gay movement away from grass roots action towards court action.taskforce. and that we have a moral obligation to stop this discrimination . The disad outweighs the case for the following reasons: 1. it turns solvency. the Gay rights movement in particular will be doomed if it is drawn into court action.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 15 of 77 2NC Overview – Gay Movement Scenario Currently. The court draws the _________ movement away from substantive political battles. which explains how any discrimination against gays and lesbians is the worst crime that is humanly possible. thus hurting the movement. First. Extend the Rosenberg 1991 evidence. This would doom the immigration Gay because the courts can’t bring real victories. The courts have empirically failed to bring about Gay rights reform. Probability –the Tatchell and Johnson evidence sites have great warrens they site many examples of how this is possible and why you would have to reject the affirmative . Secondly.15 - .

2. when you pass the plan through the courts. The court draws the _______ movement away from substantive political battles. it will draw the environmental movement back to the court. However. The implications for this are two fold. court action relating to the environment hurts rather than helps the environment. thus hurting the movement. it turns solvency. the environmental movement in particular will be doomed if it is drawn into court action. The disad outweighs the case for the following reasons: 1. the environmental movement has turned away from the Rehnquist Court. politically active environment to ensure planetary survival.16 - . Secondly. Magnitude – passing the plan would collapse the environmental movement and with it the environment leading to the end of life on earth.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 16 of 77 2NC Overview – Environment Scenario Currently. . In fact. Extend the second Rosenberg 1991 evidence. Extend the first Rosenberg 1991 evidence. This would doom the environmental movement because the courts can’t implement their decisions. First. We need a strong. Probability – the second Rosenberg evidence sites multiple ways that the courts would kill the environment and the environmental movement.

thus hurting the movement. The implications for this are two fold. Probability –the Mead evidence sites two specific depressions as well as saying every country in the world would be severely hurt . Extend the Johnson 1993 evidence. the immigration movement in particular will be doomed if it is drawn into court action. This would bring about the collapse of the world economy and result in massive nuclear wars that would collapse global civilization. This would doom the immigration movement because the courts can’t bring real victories. First.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 17 of 77 2NC Overview – Immigration Scenario Currently. when you pass the plan through the courts. However. immigrants are key to our free-enterprise economy because they swell the labor ranks and fill jobs.17 - . it turns solvency. Without immigration reform our economy would collapse. Magnitude – passing the plan would end life on earth 2. The courts have empirically failed to bring about immigration reform. it will draw the immigration movement away from grass roots action towards court action. Extend the Rosenberg 1991 evidence. The court draws the _________ movement away from substantive political battles. the immigration movement is strong because of grass roots involvement – that’s the Wells 2004 evidence. Extend Griswold 2005. Secondly. The disad outweighs the case for the following reasons: 1.

court decisions are often rendered useless given much opposition. 21 To sum up. 186). this is no easy task. First. courts are wary of stepping too far out of the political mainstream. 3. Lacking powerful tools to force implementation. the Constrained Court view holds that litigants asking courts for significant social reform are faced with powerful constraints. and the general caution of the judiciary. in implementation they often turn out to be worth very little. courts may be unwilling to take the heat generated by politically unpopular rulings. the Constrained Court view holds that court litigation to produce significant social reform may amount to little more than " a teasing illusion like a munificent bequest in a pauper's will" (Edwards v. California 1941. Given the limited nature of constitutional rights. Deferential to the federal government and potentially limited by congressional action. if these two constraints are overcome and cases are decided favorably. Even if litigators seeking significant social reform win major victories in court. litigants are faced with the task of implementing the decisions. 2. Cross Apply the Johnson ‘93 evidence – Court action would demobilize the immigration reform movement . the constraints of legal culture. Gerald N The Hollow Hope. p.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 18 of 77 A2: Courts Help Movements – Gay Rights 1. Cross-apply the Rosenberg ’91 evidence – Courts fail to bring about change – They only give an illusion of change and any perceived victory is achieved it is more symbolic than real. Associate Professor Political Science @ U Chicago Law 1991.18 - . they must convince courts that the rights they are asserting are required by constitutional or statutory language. Third. Borrowing the words of Justice Jackson from another context. Courts can’t enact social change – there are powerful restraints that are difficult to overcome Rosenberg. Second.

935-936. 1985. since fewer people need be involved.19 - . However. Law clerk to the Honorable Alex Kozinski. Litigation is a low-maintenance. p. and since there is some benefit from an award of damages. while the seedbeds of civic virtue are patiently nurtured. the problem is therefore more easily [*9361 overcome. we will be able to deal better with many of our communities' problems while reducing our reliance on governmental regulation. July 1997. On the other hand. B. At the other end of the spectrum of types of activism is 5. 85 CaliL L. The social benefits of participation are certainly less. The Courts prevent social change by reducing mobilization McDonnell. the psychic and social benefits from this sort of impersonal involvement may well also be less. part of an ongoing process of deliberation. and most of these people are compensated (monetarily) for their efforts. litigation. And we will have many more ways to make our society a place in which individual rights are vigilantly maintained. it relies on the efforts of a small number of lawyers and people helping them. controls. . The expressive benefits of giving money are presumably also less than those from marching or engaging in a sit-in. Instead. We do not claim to have the answers to all that troubles America these days. Movements are Key to bring about effective social change Etzioni professor at George Washington University 1993. n96 Why should I pay for a civil rights lawyer when I can let my neighbor do it? However. It should not be viewed as a series of final conclusions but ideas for additional discussion. This does not require the personal involvement that mass action does. and force. We will have a greater opportunity to work out shared public policy based on broad consensus and shared moral and legal traditions.A. This platform is but a point in dialogue. and that may involve a free-rider problem. low-energy form of action in comparison to mass movements.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 19 of 77 A2: Courts Help Movements – Gay Rights 4. Amitai The spirit of Community 1993 Pg 267 This is only a beginning. n95 Some people do have to pay for the lawyers. there is less personal risk. If more and more Americans come forward and join together to form active communities that seek to reinvigorate the moral and social order. Williams College 1997 California Law Review. United States Ninth Circuit Court of Appeals. we are heartened by the groundswell of support that our initial efforts have brought to the communitarian perspective. Rev 919.

Cross Apply the Johnson ‘93 evidence – Court action would demobilize the Gay Rights movement . court decisions are often rendered useless given much opposition. Cross-apply the Rosenberg ’91 evidence – Courts fail to bring about change – They only give an illusion of change and any perceived victory is achieved it is more symbolic than real. Courts can’t enact social change – there are powerful restraints that are difficult to overcome Rosenberg. Borrowing the words of Justice Jackson from another context. Even if litigators seeking significant social reform win major victories in court. courts are wary of stepping too far out of the political mainstream. litigants are faced with the task of implementing the decisions. Given the limited nature of constitutional rights. p. Lacking powerful tools to force implementation. California 1941. if these two constraints are overcome and cases are decided favorably. Deferential to the federal government and potentially limited by congressional action.21 To sum up. in implementation they often turn out to be worth very little. courts may be unwilling to take the heat generated by politically unpopular rulings.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 20 of 77 A2: Courts Help Movements .20 - . the Constrained Court view holds that court litigation to produce significant social reform may amount to little more than " a teasing illusion like a munificent bequest in a pauper's will" (Edwards v. the Constrained Court view holds that litigants asking courts for significant social reform are faced with powerful constraints. Associate Professor Political Science @ U Chicago Law 1991. 2. they must convince courts that the rights they are asserting are required by constitutional or statutory language. Third.Immigration 1. and the general caution of the judiciary. 186). the constraints of legal culture. Second. Gerald N The Hollow Hope. 3. this is no easy task. First.

On the other hand. 85 CaliL L. And we will have many more ways to make our society a place in which individual rights are vigilantly maintained. Litigation is a low-maintenance.A. and force. 1985. Williams College 1997 California Law Review. p. The social benefits of participation are certainly less. and most of these people are compensated (monetarily) for their efforts. Instead. July 1997. the groundswell of support that our initial efforts have brought to the communitarian perspective. while the seedbeds of civic virtue are patiently nurtured. 935-936. Law clerk to the Honorable Alex Kozinski. B. the problem is therefore more easily [*9361 overcome. and since there is some benefit from an award of damages. it relies on the efforts of a small number of lawyers and people helping them. litigation. we are heartened by If more and more Americans come forward and join together to form active communities that seek to reinvigorate the moral and social order. n95 Some people do have to pay for the lawyers. controls. n96 Why should I pay for a civil rights lawyer when I can let my neighbor do it? However. since fewer people need be involved. and that may involve a free-rider problem. The expressive benefits of giving money are presumably also less than those from marching or engaging in a sit-in. However. part of an ongoing process of deliberation. Rev 919. We will have a greater opportunity to work out shared public policy based on broad consensus and shared moral and legal traditions. low-energy form of action in comparison to mass movements. Movements are Key to bring about effective social change Etzioni professor at George Washington University 1993.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 21 of 77 A2: Courts Help Movements . Amitai The spirit of Community 1993 Pg 267 This is only a beginning. there is less personal risk. This platform is but a point in dialogue. It should not be viewed as a series of final conclusions but ideas for additional discussion. .21 - . the psychic and social benefits from this sort of impersonal involvement may well also be less. This does not require the personal involvement that mass action does. We do not claim to have the answers to all that troubles America these days. United States Ninth Circuit Court of Appeals.Immigration 4. we will be able to deal better with many of our communities' problems while reducing our reliance on governmental regulation. The Courts prevent social change by reducing mobilization McDonnell. At the other end of the spectrum of types of activism is 5.

this kind of environmentalism had triumphed. Adam “In These Times” The three-part strategic framework for environmental policy-making hadn’t changed in 40 years: first.g. Even if litigators seeking significant social reform win major victories in court. Focusing on the courts eliminates popular support for the environmental movement Werbach June 21. if these two constraints are overcome and cases are decided favorably. research reports.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 22 of 77 A2: Courts Help Movements .21 To sum up. p. Courts can’t enact social change – there are powerful restraints that are difficult to overcome Rosenberg. litigants are faced with the task of implementing the decisions. California 1941.Environment 1. 2005. third-party allies. global warming) as “environmental. cap-and-trade). Deferential to the federal government and potentially limited by congressional action. and the general caution of the judiciary. Lacking powerful tools to force implementation. Sweeping protections were put in place. Third. Borrowing the words of Justice Jackson from another context. Third. 186). First. in implementation they often turn out to be worth very little. the constraints of legal culture. the Constrained Court view holds that court litigation to produce significant social reform may amount to little more than " a teasing illusion like a munificent bequest in a pauper's will" (Edwards v. courts are wary of stepping too far out of the political mainstream. courts may be unwilling to take the heat generated by politically unpopular rulings. By the American bicentennial. Gerald N The Hollow Hope. But while environmentalists turned their attention toward the courts. sell the technical proposal to legislators through a variety of tactics.. Given the limited nature of constitutional rights. . the American people no longer related to environmentalism’s goals. they must convince courts that the rights they are asserting are required by constitutional or statutory language. and the focus was now as much on implementation through the courts as it was on new legislation in Congress. define a problem (e. Second. or pledge support for environmental goals and laws. 2. this is no easy task. such as lobbying. environmental issues rarely make it into the top 10 list of things voters worry about the most.22 - . the Constrained Court view holds that litigants asking courts for significant social reform are faced with powerful constraints. advertising and public relations. court decisions are often rendered useless given much opposition. Associate Professor Political Science @ U Chicago Law 1991. 3. Support for environmental protection since the ’70s has been notoriously shallow. Although roughly three-quarters of all Americans currently identify as environmentalists. Cross-apply the first Rosenberg ’91 card – Courts fail to bring about change – They only give an illusion of change and any perceived victory is achieved it is more symbolic than real. craft a technical remedy (e. Cross Apply the 2nd Rosenberg ’91 card – Court action would demobilize the environmental movement 4.” Second.g.

controls. And we will have many more ways to make our society a place in which individual rights are vigilantly maintained. we will be able to deal better with many of our communities' problems while reducing our reliance on governmental regulation. part of an ongoing process of deliberation. If more and more Americans come forward and join together to form active communities that seek to reinvigorate the moral and social order. This platform is but a point in dialogue. Movements are Key to bring about effective social change Etzioni professor at George Washington University 1993.Environment 5. We do not claim to have the answers to all that troubles America these days. while the seedbeds of civic virtue are patiently nurtured. we are heartened by the groundswell of support that our initial efforts have brought to the communitarian perspective.23 - . . and force. We will have a greater opportunity to work out shared public policy based on broad consensus and shared moral and legal traditions. However.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 23 of 77 A2: Courts Help Movements . It should not be viewed as a series of final conclusions but ideas for additional discussion. Amitai The spirit of Community 1993 Pg 267 This is only a beginning.

There is an increasing recognition both of the Court's tendency to follow the election returns and of the pivotal role that social movements play in transforming society. 34. Movements are turning away from the Rehnquist court Devins. Goodrich Professor of Law and Lecturer in Government. 80 Calif. If Rosenberg is wrong and the courts play a vital role in reforming society. 360. much of the Court's salience as an agent for social change has been obliterated. Rev. College of William and Mary 1992. then the Rehnquist Court is a blessing in disguise for liberals. In part. How things change. is perfectly timed. By refusing to play an affirmative countermajoritarian role. progressives see elected government as more apt to embrace their agenda than the judiciary.” UNIVERSITY OF RICHMOND LAW REVIEW v. . 1027 The Hollow Hope. the Left is increasingly skeptical of a judge-centered Constitution. p. College of William and Mary 2000. July. Today. Furthermore.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 24 of 77 Uniqueness – Generally Not Using Courts LEFTIST ACTIVISTS INCREASING TURNING AWAY FROM THE COURTS Devins. California Law Review. If Rosenberg is correct and social reform can only be accomplished through political means. Goodrich Professor of Law and Lecturer in Government. then the complacency of the Rehnquist Court tragically negates a critical engine for social reform. smarting from several Rehnquist Court defeats. women's groups.24 - . With civil rights interests. Neal “Reanimator: Mark Tushnet and the Second Coming of the Imperial Presidency. May 2000. moreover. and environmentalists increasingly turning to elected government and away from the courts. the Rehnquist Court may encourage populist initiatives. L. Rosenberg delivers a provocative justification for such behavior and encourages more of it.

The so called lure of litigation. They feel the symbolic pull of law even as they simultaneously see through and around its mystifications. such people are attracted to the “radiance of the Law” though they acknowledge the law's limitations and its unresponsiveness as well as its occasional irrelevance to their social situation. while powerful. When the courts do side with the poor. drawing movements in Sarat. Yet as attractive as that invitation has been. the weak. it is one contingently and variously taken up by disadvantaged persons and groups. ed.25 - . Austin The Politics of Law. In spite of the continuing importance of Brown and the similarly rare though dramatic instances when the judiciary sides with the disadvantaged in their quest for social justice. 1998. and the vulnerable. disadvantaged citizens have a complicated relationship to the promise of rights and the judiciary's role in the symbolic structure of liberal legality. As Kristin Bumiller notes. is by no means irresistible. Kairys. p. 98-99 Brown is an invitation to use the courts to carry on social struggle . They live in an approach-avoidance relation to courts. William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College 1998. .Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 25 of 77 Link—Each Decision Keeps The Hope Alive Each liberal court decision keeps the hope alive. and continues to be. they keep alive hope that law will matter to those with few other places to turn for help .

Rosenberg may be open to criticism for underestimating the social significance of transforming an illegal abortion into a [*63] legal one.26 - . attorney and author 2002. the Court can rarely serve as an effective instrument of change. Much of the decades-old scholarly debate about how and if the Supreme Court should promote reform. in implementation they often turn out to be worth very little. Without the support of the public and the other branches of government.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 26 of 77 Courts can’t solve .21 To sum up. they must convince courts that the rights they are asserting are required by constitutional or statutory language. p. while a favorable Court decision can give the winning party a false sense of complacency. courts may be unwilling to take the heat generated by politically unpopular rulings. and the general caution of the judiciary. the Constrained Court view holds that litigants asking courts for significant social reform are faced with powerful constraints. Deferential to the federal government and potentially limited by congressional action. Court Action is Counterproductive and Undermines Movements Broadwater. especially at the Supreme Court. By contrast. courts are wary of stepping too far out of the political mainstream. California 1941. Spring 2002. Third. Borrowing the words of Justice Jackson from another context. is. judicial victories can ultimately be counterproductive. moot. Victories in court . Associate Professor Political Science @ U Chicago Law 1991. Jeff “Taking Its Toll: Partisan Judging and Judicial Review. n88 . Even if litigators seeking significant social reform win major victories in court. court decisions are often rendered useless given much opposition. if these two constraints are overcome and cases are decided favorably. Lacking powerful tools to force implementation. 4. Gerald N The Hollow Hope.General Courts can’t enact social change – there are powerful restraints that are difficult to overcome Rosenberg. p. Litigation can siphon off resources that advocacy groups might better use elsewhere. the constraints of legal culture. this is no easy task. 186). First. Given the limited nature of constitutional rights.” THE JOURNAL OF APPELLATE PRACTICE AND PROCESS v. 62-63. in reality. it can galvanize the losing side into finding ways outside the judicial system to circumvent the Court's ruling. Second. but otherwise Roe fits well into the second prong of Rosenberg's argument: not only can Court action be ineffective. can lull litigants into accepting symbolic triumphs instead of continuing to work for grassroots change. litigants are faced with the task of implementing the decisions. the Constrained Court view holds that court litigation to produce significant social reform may amount to little more than " a teasing illusion like a munificent bequest in a pauper's will" (Edwards v. Rosenberg concludes.

Jacob D. unimpeded during the first trimester and only regulated for medical reasons during the second. then. 1292 Michael Klarman. New York University School of Law 2004 . Barry UNIVERSITY OF CINCINATTI LAW REVIEW. national high courts seldom diverge on a long-term basis from national meta-narratives and the interests of hegemonic political forces. forgo other options when they select to litigate. those political scientists have documented that rather than shaping opinion favorably. calls it "backlash. but also it siphons off crucial resources and talent. Testing Bickel's (and perhaps we should say Eugene Rostow's) theory that the Supreme Court can serve as a national educator. One might debate whether these responses are appropriate. COURT ACTION DRAINS MOVEMENT RESOURCESRosenberg. Funding a litigation campaign means that other strategic options are starved of funds. . Gerald N The Hollow Hope. some of which try cleverly to surmount this legal obstacle.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 27 of 77 Courts can’t solve . Associate Professor Political Science @ U Chicago Law 1991. appearing at football games.334) In general. the Court's decision gives those who oppose it a reason to come together. p. Fuchsberg Professor of Law. Summer. Gerald N The Hollow Hope. there is no gainsaying the reaction in the other direction.343 Social reformers. The Hollow Hope is understood as a testament to how little judicial review actually can change life on the ground. a historian who has looked into this phenomenon. COURT ACTION FORCES THE MOVEMENTS TO FORGO OTHER OPTIONS Rosenberg." State laws are passed. The rare exceptions to this pattern are not likely to transform a given polity’s formative metanarratives or to alter its historically rooted patterns of power inequalities. even occasional judicial deviations are not likely tot survive in the face of a more powerful political sphere. with limited resources. and "spontaneously" at school activities. But Rosenberg also may have been looking in the wrong place. In terms of financial resources social reform groups don't have a lot of money. 214 Indeed. a shaper of opinion. Gerry Rosenberg's book The Hollow Hope is a study of whether reformist judicial decisions like Brown or Roe accomplish anything. not only does litigation steer activists to an institution that is constrained from helping them. Ran TOWARDS JURISTOCRACY. We have seen this progression from decision to dissent in a variety of places. and runs the risk of weakening political efforts." Prayer continues to break out. as we have seen. SUPREME COURT DECISIONS DON’T SHAPE NATIONAL OPINIONS. Fuchsberg Professor of Law. but at a purely descriptive level we can observe that similar reactions are common following the law-pronouncing function of the Supreme Court. Those options are mainly political and involve mobilizing citizens to participate more effectively. in responses large and small. Rosenberg looked in one direction. The Supreme Court says "do not pray in schools. law professor. at student-led events. University of Toronto 2004. Even accepting that Rosenberg was correct about change along the lines the Court's decision mandates.General COURTS WILL NOT PRODUCE A SOCIAL CONSCIOUSNESS SHIFT Hirschl. p. COURT DECISIONS DO NOT LEAD TO SOCIAL CHANGE Friedman. when the action might have been in another. Associate Professor Political Science @ U Chicago Law 1991. Jacob D. p. New York University School of Law 2004 . pp. pp. Summer. THEY TRIGGER A BACKLASH Friedman. others of which take it head on. . Furthermore. 1292-3 This same phenomenon can be seen in the way constitutional decisions play out in the world of action. The Supreme Court says "women have a right to choose to terminate a pregnancy.27 - . Barry UNIVERSITY OF CINCINATTI LAW REVIEW." Political scientists also have noticed how opinion in reaction to a Supreme Court decision tends to solidify most among those who dislike it.

litigation. and that may involve a free-rider problem. and since there is some benefit from an award of damages. Williams College 1997 California Law Review. 1985. it relies on the efforts of a small number of lawyers and people helping them.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 28 of 77 Courts fail—reduce mobilization The Courts prevent social change by reducing mobilization McDonnell.28 - . At the other end of the spectrum of types of activism is . the problem is therefore more easily [*9361 overcome. low-energy form of action in comparison to mass movements. The social benefits of participation are certainly less. This does not require the personal involvement that mass action does. n96 Why should I pay for a civil rights lawyer when I can let my neighbor do it? However. there is less personal risk. p. United States Ninth Circuit Court of Appeals. 935-936. n95 Some people do have to pay for the lawyers. July 1997. Rev 919. 85 CaliL L. and most of these people are compensated (monetarily) for their efforts. Law clerk to the Honorable Alex Kozinski.A. The expressive benefits of giving money are presumably also less than those from marching or engaging in a sit-in. the psychic and social benefits from this sort of impersonal involvement may well also be less. On the other hand. Litigation is a low-maintenance. Instead. since fewer people need be involved. B.

The presence of these constraints made the success for significant social reform virtually impossible. and after several tries at ordering change. state. leaving the courts with few public supporters.. political leadership at the national. the American court system itself was designed to lack implementation powers.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 29 of 77 Court = Hollow Hope – Brown Proves Brown Didn’t Cause Any Change – It Was Blocked By Political Leadership. Third. and to be strongly tied to local concerns. to move slowly. the courts backed off and bided their time. the culture of the South was segregationist. The courts were ineffective in producing significant social reform in civil rights in the first decade after Brown for three key reasons captured in the constraints of the Constrained Court view. Associate Professor Political Science @ U Chicago Law 1991. p. Second. waiting for the political and social climate to change. In response. making implementation of judicial decisions virtually impossible. Southern Culture And There Was No Implementation Rosenberg. First.29 - . 93. . and local levels was arrayed against civil rights. Gerald N The Hollow Hope. The fact that little success was achieved should have surprised no one.

9 To start with. In the decade following the decision. There is good reason to doubt the efficacy of judicial review . College of William and Mary 2000. Southern school systems had financial incentives to desegregate. 34. May 2000. 11 Whether or not "the political landscape in the mid-1960s would have looked the same even if Brown had been decided differently. Mark Tushnet is right. Neal “Reanimator: Mark Tushnet and the Second Coming of the Imperial Presidency. Brown accomplished next to nothing. Board of Education. p. The reason: In 1965. By itself.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 30 of 77 Court = Hollow Hope – Brown Proves BROWN ONLY HAD LIMITED EFFECT ON SCHOOL DESEGREGATION Devins. Goodrich Professor of Law and Lecturer in Government. made school desegregation a reality. Take .” UNIVERSITY OF RICHMOND LAW REVIEW v. not especially consequential. 361. not judicial edicts. At that time. less actual desegregation occurred than in 1965 alone.30 - ." 12 it is quite clear that social and political forces. 10 arguably the most important case in modern constitutional law. it is Brown v. Congress made available millions of dollars in federal funds to nondiscriminatory public school systems.

Similarly. Brown could have inspired individuals to act or persuaded them to examine and change their opinions about racial discrimination.pdf The Brown decision may have made a major contribution to furthering civil rights in two ways. In that school year over 91% of African-American children in the South attended an integrated school. King’s Ghandi-inspired Christian non-violent movement. press coverage of civil rights did not increase in a sustained way until the 1960s. up from between 4. and the Congress of Racial Equality was independent of Brown. When the U. a position that often brought them into conflict with the National Association for the Advancement of Colored People (NAACP) and its litigation-based strategy. and emerging African liberation movements. it could have directly ended racebased segregation in public schools. In other words. By the 1972–1973 school year. First. In passing civil rights legislation Congress responded not to Brown but to electoral concerns in the 1950s. The evidence suggests that Brown’s major positive impact was limited to reinforcing the belief in a legal strategy for change of those already committed to it. Indeed. no more that 5. enhanced by the civil rights movement of the 1960s. all three groups were hostile to litigation as a strategy for change.apsanet. Department of Health. fewer than 80% of African-American children in integrated schools. spurred on by the Montgomery bus boycott. when economic incentives were offered for desegregation and costs imposed for failure to desegregate. That means that for nearly 99 of every 100 African-American children in the South a decade after Brown. the decision could have indirectly contributed to change. or inspired the activists of the civil rights movement. in no Southern state were It was the actionsof the Congress and the executive branch and not the courts that led to desegregation. in the 1963–1964 school year.31 - .2%) of these African-American children was in a non-segregated school. . in effect placing it on the political agenda. however.S. and Welfare threatened to cut off federal funds from school districts that refused to desegregate. over 91% of African-American school children in the 11 Southern states were in integrated schools. particularly the courageous actions of the Student Non-Violent Coordinating Committee. For example.Courts Brown Decision Did not Rosenberg.6% and 11. That movement. perhaps more subtly.1% in the 1963–1964 school year. not constitutional statements of principle. By the 1972–1973 school year. With only the constitutional right in force in the 1963–64 school year.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 31 of 77 Court = Hollow Hope – Brown Proves Legislative action spurred desegregation. Associate Professor Political Science @ U Chicago Law 2004 http://www. Title VI of the 1964 Civil Rights Act permitted the cut-off of federal funds to programs that practiced racial discrimination and the 1965 Elementary & Secondary Education Act provided a great deal of federal money to poor school districts.3 Regarding indirect effects. Dr. Brown might have served as a powerful symbol and resource for change. the finding of a constitutional right changed nothing. the Southern Christian Leadership Conference (Dr. The decision might have given salience to civil rights. This combination of federal funding and Title VIgave the executive branch a tool to induce desegregation when it chose to do so. The surprise is that a decade after Brown virtually nothing had changed for AfricanAmerican students living in the 11 states of the former Confederacy that required race-based school segregation by law. There is no evidence that Brown influenced public opinion nor.5% of African-American children in any Southern state were in school with whites. pressed political elites to act. presidential action responded to credible threats of violence. By the 1971–1972 school year. legitimated the grievances of blacks. Change came to Southern school systems in the wake of congressional and executive branch action. up from 1. By the 1972–1973 school year. Second. for example. Education. It might have provided legitimization to the civil rights movement and created pressure for government action. dramatic change occurred. For example. Given the praise accorded to the Brown decision. change did occur.2% in the 1963–1964 school year. pricked the consciences of whites. examining its actual effects produces quite a surprise.org/imgtest/SubstitutingSymbolSubstance-Rosenberg. many in the South. little or no evidence supports the claims that Brown gave civil rights salience. is there much evidence supporting the claim that Brown instigated the civil rights movement. King’s organization).8% of Southern state school budgets. barely one in 100 (1. and most straightforward. surprisingly. federal funds comprised from between 12% and 27.

” The Patriot Act was signed into law in October 2001. “The goal is not just an expo. Tim Butz. “Quakers didn't die out. “We hope to make this an annual event. a member of the Omaha Quakers.32 - . Some provisions allow law enforcement to perform searches with no one present and delay notification of searches . free the innocent from prison and help Americans understand why the USA Patriot Act chisels away at civil liberties.” said volunteer Stuart Williams of Omaha. “We would hope everyone would be open-minded to ask their city to take a stand in defense of individual rights.” Organizations such as the Catholic Church and Amnesty International set up individual booths so visitors could grab leaflets and ask questions. about 70 grass-roots and social organizations came together for the first-ever Omaha Peace and Justice Expo. following the terrorist attacks on American soil. On Sunday. another group represented. executive director of the American Civil Liberties Union Nebraska. “Defending a Free and Open Society: Lincoln Speaks Out Against the Patriot Act.” “We see dangers of certain provisions of the Patriot Act.” said Frank Griffith.General Grassroots Movements Solve – They provide access to varying backgrounds and skills MOVEMENTS ARE MOBILIZING TO REVERSE LEGISLATION LIKE THE PATRIOT ACT Ferak WORLD-HERALD STAFF WRITER Activists form networks at peace. John Lexus. “We just want to let people know that Quakers are in town and quite active. The event drew hundreds to the University of Nebraska at Omaha for music. but to have a variety of groups connect with each other.” Butz said. 2004. They still exist. an interfaith prayer service and speeches. justice expo May 3. led a discussion.Nexis accessed 7/4/06 They want to end military involvement in Iraq.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 32 of 77 Movements Solve .” On Sunday afternoon.

" King told reporters in early 1957. Rosenberg found. The authors of Our Town mistakenly compare Ethel Lawrence with Rosa Parks. These victories belonged to the people. was actively involved with her church and part of a tightly-knit black community. Her refusal to move from the bus mobilized tens of thousands of black citizens to participate in the bus boycott and other activities to win concessions from Montgomery's white business and political establishment. Board of Education case of 1954. Organized social movements – not courts – bring about dramatic social reform. Martin Luther King to thousands of ordinary citizens – went on to engage in other aspects of civil rights activism. Rosenberg documented in The Hollow Hope. John http://www. Rooted in Christian theology and Gandhian non-violence. not the lawyers.General Law Makers Often Adopt the Views of Interest Groups to Avoid Protests The courts fail. segregation declined only when the civil rights movement pushed the Congress and president to act. who had spent time at the Highlander Folk Center's training sessions for civil rights and labor activists. "Whenever possible. not constitutional doctrine. Laurel plaintiffs' judicial activism was rooted in the activist law practiced by the NAACP.html While the authors of Our Town argue that the Mt. "we want to avoid court cases in this integration struggle. Alabama bus helped to spark the civil rights movement. Parks. the civil rights movement at its peak used litigation as only one of many tools in their strategic arsenal.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 33 of 77 Movements Solve . As Rosenberg argues.nhi. Many people activated by the successful bus boycott – from Dr. which led to the historic Brown v. social movements are the only way to get things done Atlas Courting Racial Justice 1997. the black seamstress whose refusal to give up her seat to a white man on a Montgomery. as Gerald N. Rather than promoting integration." .33 - . the Brown decision hardened resistance to civil rights. there is little evidence Brown helped produce positive change.org/online/issues/93/review.

Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 34 of 77 Court = Hollow Hope – Roe Proves .34 - .

35 - .Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 35 of 77 Courts trade off with congress .

Harvard Law Review. but together they allow us to assess the current state of scholarship involving an issue that necessarily concerns everyone with a professional interest in the Supreme Court. April. Rev. and Legal Scholarship. Dean of the Michigan Law School. . Hollow Hope is written by Gerald Rosenberg. For [* 1 8321 at least a decade. however. Rosenberg's book represents legal scholarship as it ought to be practiced. Social Change. Richard H . Images blithely through and still care about intensely. 1 18 Harv. Board of Education met "massive resistance" through much of the South before sentiment hardened that recalcitrance should not be tolerated. University of Texas. Lee Bollinger. Images takes the prevailing view of the Court and applies it to create a sophisticated thesis in an area where no scholar has previously asserted the Court's influence: the news media. he argues. L. p. Lexis To measure the authoritative legitimacy of judicial rulings. n202 teacher-led prayers remained common in broad swaths of the country . unless other officials implement the Court's message or citizens litigate on a national scale. Hollow Hope is overwritten and dull. n203 on other officials and the broader public also matters. Images. n11 that the Court must be profoundly influencing the news product. Images is written by an established scholar. Although just his first book. theorizing without concern for factual predicates. In a well-known and provocative book. 1992. it does not suffice to look at the parties' responses. Wade proved largely ineffectual as engines of social change. Hollow Hope examines the Court's actual influence in areas others have cited to support the prevailing view of a strong judiciary. 1787.that a generation of scholars has significantly overstated the Court's influence because they have not paid enough attention to detail. the facts speak for themselves. rather than absolute . Gerald HOLLOW HOPE IS SOLID LEGAL SCHOLARSHIP Powe Jr. 44.” STANFORD LAW REVIEW v. The books are written with very different styles and rely on very different arguments. n200 On a few points. n199 Rosenberg raises important issues about the broader effects of court decisions. Bollinger's Images is fertile material for the application of Rosenberg's argument. Board of Education and Roe v. Although critics have attacked both his methodology and his conclusions.A “Review Essay: The Supreme Court.. The effect Rosenberg maintains that such celebrated Supreme Court decisions as Brown v. concludes. [*1617] These events highlight the issues I have taught in my classes.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 36 of 77 A2: Rosenberg Wrong Despite questionable methodology. Brown v. and concludes that the evidence does not support the thesis. Clearly the authoritative legitimacy of judicial decisions can be relative. of Constitutional Law @ Harvard 2005. 1616-1617. an assistant professor of political science at the University of Chicago. with careful attention to facts as well as theory. represents legal scholarship as it is too often practiced. Rosenberg is well versed in his discipline's professional norms. L. Hollow Hope discusses events I lived Rosenberg carefully demonstrates his blockbuster thesis -. nl98 Judicial declarations may not achieve much. Images is tightly argued and elegantly constructed. Regional variations also can occur. however. The simultaneous publication of these two books offers an opportunity to review the adequacy of the present conventional wisdom. n201 Years and even decades after the Supreme Court had declared officially sponsored prayer in public schools to be unconstitutional. This review essay describes Rosenberg's Hollow Hope and examines the implication of its basic thesis as applied to Bollinger's Images. July 1992.36 - . n10 Yet. Rosenberg is largely correct--judicial rulings have little influence on social change Fallon prof. As befits a scholar of Bollinger's stature. on the basis of logic rather than experience. Anne Green Regents Chair.

37 - .Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 37 of 77 A2: Rosenberg Wrong Rosenberg Critically Examines the Impact of the Judiciary – His Analysis is Sound .

Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 38 of 77 A2: State Co-opts the movement State opposition to Grassroots Movements Only Builds the Movement .38 - .

S. In hearings and floor debates on the 1957 Civil Rights Act. House 1957. 10771). Resistance to change increased in all areas. Senate. I think it is important to note that while Southerners repeatedly charged that the bill. there is some evidence that it hardened resistance to civil rights among both elites and the white public.S. House committee opened hearings on a bill introduced by Massachusetts Republican John W. Barnes concludes. Cong. Just a few days before Brown was decided . 1187. The bill died and Brown . Relying on the Dynamic Court view of change. Heselton to ban segregation in interstate travel. Brown may actually have delayed the achievement of civil rights. and litigating to produce significant social reform. When Attorney General Brownell testified before a Senate committee on the 1957 bill. Cong. 94). 105-106 there is little evidence that Brown helped produce positive change. 21). Gerald N The Hollow Hope. transportation. Associate Professor Political Science @ U Chicago Law 1991.. white groups intent on using coercion and violence to prevent change grew. 1957. Brown "unleashed a wave of racism that reached hysterical proportions" (Fairclough 1987. 806.. Rec. 9627. 214-16). Before I sum up the findings of this chapter. a U. he was queried repeatedly and to his astonishment on whether the bill gave the president the power to By stiffening resistance and raising fears before the activist phase of the civil rights movement was in place. .. may have surprising and unfortunate costs.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 39 of 77 Impact: Turns Solvency Court Action Mobilizes Resistance To Social Movements – Brown V Board Proves Rosenberg. use the armed forces to enforce desegregation (U. p.S. On the elite level. Brown was used as a club by Southerners to fight any civil rights legislation as a ploy to force school desegregation on the South. aimed at voting rights. and so on.39 - . was a subterfuge to force school desegregation on the South (U. "probably contributed to the demise " (Barnes 1983. public places. Cong. I have documented how. not merely in education but also in voting. for example. Hearings 1957. throughout the South.

It imbues American foreign policy with things like the attraction of American ideals.S.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 40 of 77 Impact: Decreased US Leadership Failed expectations in the Courts will erode US leadership Mazarr is editor of The Washington Quarterly and director of the New Millennium Project at the Center for Strategic and International Studies 1998. But how effective will our example be if Americans become increasingly cynical. a phenomenon of rising expectations and dashed hopes could serve to undermine U. and angry? Will a culture thoroughly infected with the Pessimism Syndrome still be one capable of spreading its example abroad? . power. a fact that is of utmost importance to our national security -.perhaps even relative to the majority -. and energy we set for the rest of the world.40 - . dynamism. Lexis A perceptual revolution of rising expectations might also exacerbate ethnic tensions in the United States and other diverse nations. The American idea is indeed conquering much of the world. which magnify and in some cases replace the exercise of traditional military force. Michael J Washington Quarterly. Much of American influence comes from the example of optimism. Internationally. These groups would press for additional benefits against strengthening resistance from a majority that saw no need for them.not to mention the freedom of literally billions of people in reforming countries trying to attain political and economic liberty.might come to believe the opposite under a barrage of media focus on failures rather than success stories. pessimistic. Minority groups whose objective standard of living is increasing -.

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Environmental Movement Uniqueness
The Environmental Movement has turned away from the Rehnquist Court
Devins, Goodrich Professor of Law and Lecturer in Government, College of William and Mary 1992, CALIFORNIA LAW REVIEW v. 80, July 1992, p. 1068-1069.

Rehnquist Court's rulings increasingly speak of the need to defer to elected government , and not because elected
Ironically, what makes Rosenberg's recommendation of political reform especially appealing is that government disregards activist decision-making. Federal agency interpretations of vague statutory language are likely to be upheld because "substantial deference is accorded to the interpretation of the authorizing statute by the agency authorized with administering it." n208 State action too is subject to less stringent inquiry, for the Court now appears unwilling [*1069] to strike down "a neutral, generally applicable regulatory law" irrespective of its effects on individual rights. n209

Special interests have

begun to alter their strategies in response to these rulings. The National Abortion Rights Action League
recently informed its membership that "clearly Congress is our Court of Last Resort. All hope of protecting our constitutional right to choose depends upon our elected representatives in Congress responding to the will of the American people." n210 Other

groups have also proclaimed Congress "our court of last resort" and concluded that the battle over the judiciary is now lost. n211 Although there undoubtedly will be occasions where these groups turn to the federal courts, n212 reform efforts in civil rights, the environment, privacy, and a host of other concerns will now target Congress, the executive, and the states .

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Environmental Movement Uniqueness
The environmental movement has a strong grassroots following

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Courts demobilize environmental movement
Focusing on the courts eliminates popular support for the environmental movement
Werbach, 2005 Adam “In These Times” June 21, 2005

The three-part strategic framework for environmental policy-making hadn’t changed in 40 years: first, define a problem (e.g. global warming) as “environmental.” Second, craft a technical remedy (e.g., cap-and-trade). Third, sell the technical proposal to legislators through a variety of tactics,
such as lobbying, third-party allies, research reports, advertising and public relations.

By the American bicentennial, this kind of environmentalism had triumphed. Sweeping
protections were put in place, and the focus was now as much on implementation through the courts as it was on new legislation in Congress.

But while environmentalists turned their attention toward the courts, the American people no longer related to environmentalism’s goals. Support for environmental protection since the ’70s has been notoriously shallow. Although roughly three-quarters of all Americans
currently identify as environmentalists, or pledge support for environmental goals and laws, environmental issues rarely make it into the top 10 list of things voters worry about the most.

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oxygen. http://www. medicine. protecting watersheds. Because biodiversity acts as a buffer against excessive variations in weather and climate. such as carbon. It is also responsible for mitigating pollution.44 - .Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 44 of 77 Impact: Biodiversity Biodiversity Key To Preventing Extinction Margoluis 1996 Richard Margoluis.org/publications/showhtml. Biodiversity Support Program. it protects us from catastrophic events beyond human control. 1996. and nitrogen. and energy. The importance of biodiversity to a healthy environment has become increasingly clear. and combating soil erosion. . we threaten our own survival. We have learned that the future well-being of all humanity depends on our stewardship of the Earth.bsponline. When we overexploit living resources. it also affords us a "life support system.php3?10 Biodiversity not only provides direct benefits like food." Biodiversity is required for the recycling of essential elements.

The state Court of Appeals in Albany today decided four appeals by 44 gay and lesbian couples. state allowing such unions. ``This state has a proud tradition of affording equal rights to all New Yorkers. our administration will begin working with the state legislature for a new law that establishes marriage equality for all New Yorkers. LEGUSTLATURE IS THE ONLY WAY TO GO New York's Highest Court Upholds Bar to Gay Marriage July 6 (Bloomberg) http://www.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 45 of 77 Congress Solves Gay Rights Movement THROUGHT THE COURT THE GAY MARRAGE MOVEMETN WILL NEVER BRING ABOUT ANY REAL CHANGE. ``There are enough marriage licenses to go around for everyone. then we'll perform them. Read. ``If they rule the other way. Victoria A.bloomberg.'' Hansen said in an interview after the ruling. ``If the Court of Appeals rules that same-sex marriages are legal. An amendment to the U. ``Whether such marriages should be recognized is a question to be addressed by the Legislature. Constitution banning gay marriage didn't get enough votes to pass the Senate last month. a gay rights organization involved in the cases.S.com/apps/news? pid=20601087&sid=acXT6vg4KYD8&refer=home Gay and lesbian couples have no constitutional right to marry in New York. ``We hold that the New York Constitution does not compel recognition of marriages between members of the same sex. ruling 4 to 2 the parties had no right to marry under the state constitution. He was joined by judges George Bundy Smith and Susan P. New York. A fourth judge.'' said Roberta Kaplan. ``We're very disappointed that the court was unable to vindicate the constitutional rights for the many thousands of gay and lesbian couples throughout New York state.'' Future generations ``will look back on today's decision as an unfortunate misstep.'' New York City Mayor Michael Bloomberg and state Attorney General Eliot Spitzer have said they support gay marriage as their law departments defended the status quo in the cases that led to today's ruling .'' Kaye's dissent said. Same-sex marriages are specifically prohibited in most states.'' Chief Judge Judith Kaye wrote in a dissent. will oppose any effort to permit same-sex marriages. the court said.'' A lawyer for Lambda Legal. The issue should be decided by elected lawmakers. said the decision contained ``silver linings'' for proponents of ``Every one of the judges recognized there are powerful arguments for eliminating discrimination in the marriage laws.45 - . his spokesman Mark Hansen said. An appeals court in San Francisco will hear arguments next week on California's ban on gay marriages. ``While encouraging opposite-sex couples to marry before they have children is certainly a legitimate interest of the State. making it the only state to allow gay marriages. a lawyer for some of the couples. and nothing is planned. ``That's what the law says. but we believe the present generation should have a chance to decide the issue through its elected representatives. the exclusion of gay men and lesbians from marriage in no way furthers this interest. the state's highest court ruled. Jeffrey Trachtman.S.'' Bloomberg said in a May 28 radio talk. The court's main opinion said the state Legislature could rationally decide heterosexual couples offer more stability for children than same-sex couples. ``They just differed on the court's role in addressing it.'' said the lawyer. ``Marriage is between a man and a woman. Graffeo agreed with the outcome and wrote a separate opinion. ``We will take this battle to the Legislature.'' she wrote.'' the New York court said in an opinion by Judge Robert S. New York's domestic relations law limits marriage to couples of the opposite sex. '' Two judges disagreed.'' . citing the state constitution's guarantees of due process and equal protection of the law.'' State Senate Majority Leader Joseph Bruno. Nothing is under consideration in the Legislature to change that. Vermont in 2000 became the first state to allow civil unions.'' Massachusetts's highest court in 2003 threw out a ban on same-sex unions. ``Sadly. the court today retreats from that proud tradition. Similar appeals are pending in New Jersey and Washington state. and that a household with both a mother and father could be better for them. a gay marriage rights. Republican from Rensselaer. ``We do not predict what people will think generations from now. and Senator Bruno is in favor of the law. Smith. leaving Massachusetts as the only U.'' Smith's opinion said.

"Intuition and experience suggests that a child benefits from having before his or her eyes. "can look back on. On Thursday.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 46 of 77 Gay Rights Movement Uniqueness The Gay Movement has turned away from the Rehnquist Court Devins. n209 Special interests have begun to alter their strategies in response to these rulings. and a host of other concerns will now target Congress. Republican Sonny Perdue. every day. and the states responding to the will of the American people. Smith wrote that limiting marriage to heterosexuals was not solely based on prejudice." Most New Yorkers. living models of what a man or woman are like. College of William and Mary 1992 “Review Essay: Judicial Matters: The Hollow Hope: Can Courts Bring About Social Change? By Gerald N. the environment. Supreme Court struck down anti-sodomy laws and the Massachusetts high court upheld what has become the nation's only state law allowing same-sex marriage — said David Buckel. Gay-marriage advocates found some solace that the New York ruling gave legislators the option of passing a state law allowing same-sex marriage. The attorneys said that was unfair to voters who might oppose gay marriage but support civil unions with some marriage-like benefits. Rosenberg. and not because elected government disregards activist decision-making. he expressed pleasure with the ruling. July 1992. their wedding as among the most significant events of their lives. Rehnquist Court's rulings increasingly speak of the need to defer to elected government . especially compared with the peak of 2003 — when the U. are afforded to a man and a woman. They especially welcome the victories after the U. Chief Judge Judith S. Kaye wrote. Smith rejected comparisons to miscegenation laws. as defined by the people of Georgia.S. n211 Although there undoubtedly will be occasions where these groups turn to the federal courts." he wrote." Mike Johnson.46 - . n212 reform efforts in civil rights. The Georgia case dealt with whether a state gay-marriage ban — approved in 2004 by 76% of voters — violated a state rule that ballot measures can address only one issue. he said children generally thrived when raised by a mother and a father. condemned the majority decision as a step away from New York's "proud tradition of affording equal rights. for the Court now appears unwilling [*1069] to strike down "a neutral. p.” CALIFORNIA LAW REVIEW v. which banned interracial marriage until 1967. 2006. generally applicable regulatory law" irrespective of its effects on individual rights. Senate last month did not approve a constitutional amendment banning same-sex marriages nationwide. Federal Ironically. marriage project director for the gay-rights group Lambda Legal. All hope of protecting our constitutional right to choose depends upon our elected representatives in Congress groups have also proclaimed Congress "our court of last resort" and concluded that the battle over the judiciary is now lost ." n210 Other The Gay Rights Movement Is being Killed By the courts New York and Georga Prove Fausset and Barry. In a strong dissent. Kaye. Judge Robert S. . he wrote. what makes Rosenberg's recommendation of political reform especially appealing is that agency interpretations of vague statutory language are likely to be upheld because "substantial deference is accorded to the interpretation of the authorizing statute by the agency authorized with administering it. Compared with the Georgia ruling. Opponents of gay marriage see Thursday's rulings as evidence they are gaining the upper hand in state-by-state battles over one of the nation's most contentious cultural issues. privacy. New York's majority opinion. Because childbirth is a natural consequence of heterosexual unions. lawmakers could find a special benefit in promoting stability in those relationships. joined by Judge Carmen Beauchamp Ciparick. But taken together.com New York. The New York Court of Appeals ruled 4 to 2 against more than 40 same-sex couples challenging the state's decades- old statute limiting marriage to opposite-sex couples. had threatened to hold a special legislative session in August to reinstate the law if it was struck down in court." he said in a statement. Times Staff Writers July 7. signed by three of the four assenting judges. Moreover. the executive. said the New York ruling was particularly important because it was issued by one of the "more progressive courts" in the country. 80. and New York's highest court ruled that its state constitution did not grant same-sex couples the right to wed." n208 State action too is subject to less stringent inquiry. as Georgia's Supreme Court upheld an amendment banning the unions. Georgia's governor. Lambda Legal and others argued that the ballot language appeared to ban gay marriages as well as gay civil unions. 1068-1069. Goodrich Professor of Law and Lecturer in Government. the rulings represent a legal low point for gay-rights advocates. or forward to. The National Abortion Rights Action League recently informed its membership that "clearly Congress is our Court of Last Resort.S. senior legal counsel for the conservative Alliance Defense Fund. offered meatier language to cultural conservatives. when the Supreme Court struck them down as unconstitutional. Georgia Courts Rule Against Gay Marriage The gay-marriage movement suffered two major defeats on the state level Thursday. "The benefits of marriage. Richard and Ellen Latimes.

Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 47 of 77 Gay Rights Uniqueness Courts Deliver Double blow to The Gay rights Movement Goldstein. .New York and Georgia were among eight states with pending litigation that gay rights activists targeted. The Georgia Supreme Court. approved by three-fourths of Georgia voters. The ban was passed in an election two years ago by more than 70 percent of voters. regarding them as promising terrain to challenge state laws or constitutional amendments that prohibit homosexual partners from getting married. Of three additional states where similar challenges already have worked their way through the courts. a judge struck down that ban on technical grounds.with Massachusetts the only exception. The Georgia State Supreme Court hears arguments in a case about Georgia's constitutional ban on same-sex marriage.and the difficulty proponents face in trying to alter the status quo. finding that any new meaning for such an old institution would have to be written by the state Legislature.47 - . not the courts.org June 27. the two rejections of same-sex marriage demonstrate the intense hold the issue has taken across the nation's legal and political landscape -. Georgia ban upheld The highest courts of New York and Georgia ruled yesterday that same-sex couples are not entitled to marry.npr. Earlier this year. that prohibits gay partners from marrying or claiming benefits under a civil union. meanwhile. such marriages remain illegal in two -. upheld an amendment to that state's constitution. delivering a double setback to gay rights advocates that leaves Massachusetts as the only state in which such unions are legal. Coming hours apart in one of the country's most liberal states and in one of its most conservative. 2006 Amy Courts in 2 states reject gay marriage New York decision stuns advocates.Hawaii and Alaska -. The New York Court of Appeals ruled that a state law defining marriage as between a man and a woman is constitutional. Georgia Court Kills Gay Marriage Hope Capelouto 2006 Gay-Marriage Ban Gets Hearing in Georgia Court Susanna www. Washington Post July 7.

Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 48 of 77 Immigration Uniqueness .48 - .

Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 49 of 77 Immigration Uniqueness .49 - .

Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 50 of 77 Immigration Uniqueness Immigrant Rights Movement is Currently Succeeding Outside the Courts New Jersey Civil Rights Defense Committee 2004 http://nyc.” 12/6/2004.org/newswire/display/134793/index.php “Victory for immigrant rights movement.50 - . .indymedia.

Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 51 of 77 Immigration Link Magnifier – 1 piece key .51 - .

52 - .Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 52 of 77 Civil Rights Mov’t => Immigration Movement .

53 - .Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 53 of 77 Immigration – Grassroots Solves .

n160 In addition. lexis-nexis Immigrants who have not been admitted or who have committed crimes have no input in the political process generating laws judiciary's role in protecting the politically disenfranchised is well established in.” Fall.Courts Can’t Solve The Supreme Court Itself Believes It Can’t Achieve Immigration Reform Langenfield 99 Amy Langenfeld. for example. Arizona State University College of Law. civil rights law. Candidate.54 - . n161 and the United States Supreme Court continues to maintain that the judicial branch is the least suitable branch of government to direct immigration policy.D. Arizona State Law Journal.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 54 of 77 Immigration Link . agency freedom from judicial interference follows from Chevron. courts examining immigration laws have historically demonstrated reluctance to assert their protective role. J. such as the Reform [*1067] Act. 1999. “Living in Limbo: Mandatory Detention of Immigrants Under the Illegal Immigration Reform and Responsibility Act of 1996. Courts have relied on the plenary power doctrine to distance themselves from congressional authority over immigration policy . Although the .

55 - . It's in construction that immigrant workers may pose an economic threat to carpenters and others. at salaries that not enough American citizens seem willing to accept. we need him. wash dishes and do lowlevel construction. his critics or this page. And they are not going to go away. not demonizing them. And no border patrol can hold back the rising tide of human hope.” July 10.) But in most other areas. says the economy is generating some jobs that American citizens are not filling. "That's surrender. Bush. "We don't need to engage in an illegal underground economy. are here in response to economic forces beyond the control of Levy. (The carpenters have the right approach: organizing the workers. Immigrants take the jobs because they can make more money here for their families than they can in their home countries. no liberal. “Like it or not." he says. The reality is that simple. 2005 The simple part is the economics: We have jobs that need doing. . bus tables.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 55 of 77 Impact – Immigration key to Economy Immigrants take jobs that can’t be filled otherwise that are still comparatively better than those they could find at home – reforming the system to let them work legitimately is key to the economy New York Newsday 2005 New York Newsday. documented and undocumented alike.to mow lawns. argues that it should not be that way. immigrants are just doing jobs that employers can't otherwise fill . the most criticized Long Island official on this issue. Suffolk County Executive Steve Levy." But immigrant workers. Even President George W. like it or not. So. we need these workers (like the homeless Jason Gutierrez. Forcing immigrant workers in to the woods is no solution. above) to keep our economy going .

56 - .Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 56 of 77 US Economy Key to Global Economy .

Col. we will get the great Armageddon we have been fearing since the advent of the nuclear genie. 2000. The reason is simple: When the mass destruction weapons are unleashed at all. poverty. and literally a hell on earth will result. resulting.cheniere. death . nuclear arsenals. April 25.57 - . my personal estimate is that we have about a 99% chance of that scenario or some modified version of it. PhD Nuclear Engineering. Tom Bearden. with the crumbling well underway and rising. An interesting result then---as all the old strategic studies used to show---is that everyone will fire everything as fast as possible against their perceived enemies . and biological warfare arsenals of the nations as they feel the economic collapse. In short. etc.org/correspondence/042500%20-%20modified. it is inevitable that some of the weapons of mass destruction will be used by one or more nations on others. the only chance a nation has to survive is to desperately try to destroy its perceived enemies before they destroy it . Right now. The ensuing holocaust is certain to immediately draw in the major nations also. http://www.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 57 of 77 Impact – Economy Global Economic Downturn Causes Armageddon Bearden 2000 Lt.htm Just prior to the terrible collapse of the World economy. misery. a bit earlier. . So there will erupt a spasmodic unleashing of the long range missiles.

online: http://www.org/pubs/pas/tpa-019. typically in the highest-skilled and lowest-skilled jobs. That hourglass shape of the immigration labor pool complements the native-born workforce. economy by providing workers to fill gaps in the labor market.” immigrants tend to be disproportionately represented in occupations where the gap between the supply of workers and the demand for them is greatest. associate director of the Cato Institute’s Center for Trade Policy Studies. According to the “segmentation hypothesis. October 15. 2005 Immigration benefits the U. immigrants migrate to those segments of the job market where most Americans are either over.58 - . As a result. 2002.or underqualified. . immigrants do not typically compete for the kinds of jobs held by the vast majority of American workers . accessed July 16. Instead.freetrade.pdf.S. where a much larger share of workers falls in the middle range in terms of skills and education.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 58 of 77 A2: Immigrants Take Jobs Immigration is key to the economy by filling in jobs that American workers don’t normally compete for Griswold 2002 Daniel Griswold.

numerous lawmakers in Washington D.S.S. Consider the written testimony to the Senate Intelligence Committee on Feb. 11.asp? ArticleID=68194&SectionID=2. representing more than one-third of all the people ever to come to America’s shores. “Because of al Qaeda’s directed efforts this year to infiltrate covert operatives into the U.59 - . Since Sept.com/main. The 32-page book. and emerging threat streams strongly suggests that al Qaeda has considered using the Southwest border to infiltrate the United States. laws.S.” Loy also mentioned the danger of infiltration through the extensive Canadian border. President Bush has proposed giving illegals special working permits for three years and then he expects that these “temporary” workers will eventually go back to their native countries. Many attribute this unprecedented wave of immigration to the extraordinary broadening of U. borders and enforcing the nation’s immigration laws should be the federal government’s No. and advice on living unobtrusively in the United States. and the Census Bureau estimates a net increase of 500. Dramatic drawings show illegals wading into water. 2005 Securing U. a majority of Americans opposes amnesty for illegals. online: http://www.000 illegal immigrants annually. a primer on their legal rights..C.S. But stop and ask yourself. There are an estimated 8 million to 10 million illegal aliens in the United States. 1 national-security priority . Guide for the Mexican Migrant. biological. It’s not far fetched to think this “comic book” encourages illegal immigration and also shows the contempt that some Mexican officials have for U.” he said. have concluded that for nationalsecurity reasons alone the United States can no longer afford an “open borders” policy . and crossing near a hole in a border fence. more than 30 million legal and illegal immigrants have settled in the United States. statistics from the Center for Immigration Study’s web site show. “Several al Qaeda leaders believe operatives can pay their way into the country through Mexico and also believe illegal entry is more advantageous than legal entry for operational security reasons. June 28. what would be their incentive? Why would they leave voluntarily once they’ve received the blessings of America? The Mexican Foreign Ministry has published a colorful new comic book that many immigrationcontrol advocates think encourages illegal border crossings. nuclear or high-energy explosives material in attacks against America. Make no mistake about it. The level of immigration today is significantly higher than the historical average. FBI Director Robert Mueller also appeared before the Intelligence Committee.S. accessed July 15. I am also very concerned with the growing body of sensitive reporting that continues to show al Qaeda’s clear intention to obtain and ultimately use some form of chemical. radiological.S. immigration policy since 1965. The Daily Record 2005 The Daily Record. 2005. About 1 million people a year receive permanent residency. and if necessary using U. Border Patrol.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 59 of 77 Immigration Impact: Terrorism Immigration reform is essential to preventing al-Qaeda from launching WMD terrorism against the U.” Loy said.S. detentions. They want illegal immigration halted. offers safety information for border crossings. “Recent information from ongoing investigations.dunndailyrecord. Since 1970. troops to protect our borders. 16 by Deputy Homeland Security Secretary James Loy. They support a moratorium on immigration. running from the U. and they would prefer that illegals be sent home. .

accessed July 16. The hotel owner may have hired illegal immigrants. the U.000 fee may have been used to subsidise drug-smuggling. But the product is a hard-nosed law that tries to align America's immigration laws to the economic realities without rewarding illegal behaviour. The economy is creating far more low-end jobs than American workers are willing to take (the proportion of native-born Americans dropping out of high school has fallen from half in 1960 to just 10% today).000 agents and the development of a system of formidable fences and other barriers along those parts of the border used for illegal crossings.60 - .Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 60 of 77 Immigration Impact . that Mexican migration is not a threat to national security.S.pdf. The first is the cherished tradition of assimilation. All you need to do is hire a coyote: he will smuggle you across the border. – reform solves The Economist.Terrorism Immigration Reform Is Key To Prevent Terrorism Griswold 2002 Daniel Griswold. likens the current immigration laws to prohibition: impossible to enforce. October 15. died in the Arizona desert).S.freetrade. when crafting the legislation. legalizing and regularizing the movement of workers across the U. 2005 America's present immigration law flies in the face of economic reality . His $2. But America's yearly quotas are far too small to satisfy its needs.000 to be smuggled across the border by a criminal gang. Check into a hotel. including a three-year-old child.-Mexican border could enhance our national security by bringing much of the underground labor market into the open. May 21. no questions asked. they encourage a whole sub-culture of criminality. Indeed. a Manhattan Institute scholar who is a beacon of light in a foggy debate. encouraging newly documented workers to cooperate fully with law enforcement officials. which in turn would reduce the supply available for terrorists trying to operate surreptitiously inside the United States. 74 A system that allows Mexican workers to enter the United States legally would free up thousands of government personnel and save an estimated $3 billion a year 75 —resources that would then be available to fight terrorism. Current immigration laws force an underground economy of immigrants that provides cover for the most likely terrorist entry point into the U. Entire industries—agriculture. The easiest way for a terrorist to enter the country without a trace is through Arizona. Before September 11. The ongoing effort to stop Mexican migration only diverts attention and resources from the war on terrorism. 2002. . construction—rely on cheap The resulting black economy undermines the rule of law. associate director of the Cato Institute’s Center for Trade Policy Studies. 2005 Members of Congress rightly understood. Forget about visas and background checks . online: http://www. and freeing resources for border security and the war on terrorism . Illegal immigrants live in a shadow world where they are reluctant to put down roots and even visit their children's schools. The Kennedy-McCain bill is the result of ten months of hard slog. Legalization would allow the government to devote more of its resources to keeping terrorists out of the country. and then plug you into a criminal network that specialises in giving people false identities and hiding them in a huge illegal sub-culture. The valet-parker may have paid $2. Yet some anti-immigration groups continue to demand that even more effort be devoted to stopping Mexican migration.org/pubs/pas/tpa-019. Several of his friends may have died trying to get in (last year 200 immigrants. The criminal gang may have engaged in shoot-outs with immigration officials or rival gangs. food-processing. The other is national security. and you may be the beneficiary of a complex chain of law breaking. reducing cover for terrorists who manage to enter the country and overstay their visas. It would reduce the demand for fraudulent documents. It would encourage millions of currently undocumented workers to make themselves known to authorities by registering with the government.” Such a policy would be a waste of resources and personnel and would do nothing to make America more secure against terrorists. Legalization of Mexican migration would drain a large part of the underground swamp that facilitates illegal immigration.S. Tamar Jacoby. The two senators were still hammering out the details the day before they unveiled their plan. “A real effort to control the border with Mexico would require perhaps 20. immigrant labour. even though the Canadian border is more than twice as long and has been the preferred border of entry for Middle Easterners trying to enter the United States illegally. The black economy also threatens two things pretty much all Americans hold dear. government had stationed more than four times as many border enforcement agents on the Mexican border as along the Canadian border. According to Steven Camarota of the Center for Immigration Studies.

intelligence needs by providing data on millions of invisible residents in the country.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 61 of 77 Immigration Impact . http://www. August 2003 First. Americas Program.S.lawg. immigration reform would give migrants an option to enter the country that does not require them to make the dangerous trek though the southwest desert.61 - . U. a comprehensive immigration reform package that both legalizes the current illegal population in the would serve U.org/docs/0308immig. Second. Third.S and provides legal means of entry for future migrants Most importantly. Interhemispheric Resource Center. significantly reducing the hundreds of migrant deaths each year. This would then free up the Border Patrol to monitor the border for genuine terrorist activities. . reform that provided for legal entry into the country would eliminate the coyote industry by undercutting its income source. comprehensive immigration reform would lessen the burden on the Border Patrol by channeling the vast majority of migrants through legal ports of entry.pdf.Terrorism Immigration reform is a crucial step in the War on Terror Garcia 2003 Sean Garcia. thus dispelling the administration’s fear that coyote networks could be used by terrorists.

but its stated objective is to “unite all Muslims and establish a government that follows the rule of the Caliphs. nuclear and cyber] with its serious implications concerning national. right of return. . radiological. the international community failed. Hamas. The first illusion is that terrorism can be greatly reduced. August 28. Similarly. Lexis-Nexis. 2001.g." should be tolerated if not glorified. double standards of morality. despite the collapse of the Oslo Agreements of 1993 and numerous acts of terrorism triggered by the second intifada that began almost three years ago.g. weak punishment of terrorists. that on September 11. "give me liberty and I will give you death.are addressed. biological. Palestinians religious movements [e. For instance. as well as scores of other countries affected by the universal nightmare of modern terrorism surprised by new terrorist “surprises”? There are many reasons. social and economic . in violation of fundamental human rights of the noncombatant segment of societies.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 62 of 77 Terrorism Impact TERRORISM THREATENS THE SURVIVAL OF CIVILIZATION Alexander 2003 Yonah Alexander. therefore.. It is not surprising. such as lack of a universal definition of terrorism. chemical. Even the United States and Israel have Last week's brutal suicide bombings in Baghdad and Jerusalem have once again illustrated dramatically that for decades tended to regard terrorism as a mere tactical nuisance or irritant rather than a critical strategic challenge to their national security concerns. provided the root causes of conflicts . to understand the magnitude and implications of the terrorist threats to the very survival of civilization itself . including misunderstanding of the manifold specific factors that contribute to terrorism's expansion. and the exploitation of the media by terrorist propaganda and psychological warfare.62 - . Two myths in particular must be debunked immediately if an effective counterterrorism "best practices" strategy can be developed [e. are still "shocked" by each suicide attack at a time of intensive diplomatic efforts to revive the moribund peace process through the now revoked ceasefire arrangements [hudna]. The internationalization and brutalization of current and future terrorism make it clear we have entered an Age of Super Terrorism [e. strengthening international cooperation]. Jerusalem] but primarily to destroy the Jewish state. thus far at least. professor and director.g. the religionization of politics. regional and global security concerns. Israel and its citizens. Washington Times.political. inter-university for terrorism studies in Israel and the United States. The conventional illusion is that terrorism must be justified by oppressed people seeking to achieve their goals and consequently the argument advanced by "freedom fighters" anywhere. This traditional rationalization of "sacred" violence often conceals that the real purpose of terrorist groups is to gain political power through the barrel of the gun. Americans were stunned by the unprecedented tragedy of 19 al Qaeda terrorists striking a devastating blow at the center of the nation's commercial and military powers. Islamic Jihad] and secular entities [such as Fatah's Tanzim and Aqsa Martyr Brigades]] wish not only to resolve national grievances Osama bin Laden's international network not only opposes the presence of American military in the Arabian Peninsula and Iraq. 2003. contemporary terrorists have introduced a new scale of violence in terms of conventional and unconventional threats and impact. Unlike their historical counterparts. Likewise. if not eliminated completely.” [such as Jewish settlements. Why are the United States and Israel..

Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 63 of 77 Immigration Impact – Conflict and War Immigrant movements are key to avoiding ethnic based conflict and war .63 - .

SOCIAL MOVEMENTS PROVIDE THE BEST METHODS TO SOLVE THE ENVIRONMENTAL CATASTROPHE Leslie Paul Thiele. American University. "Environmental Activism and Global Civil Society" \\ clw. In opposition to this Hobbesian and Lockean legacy. movement members implicitly and explicitly argue. Traditional forms of governmental activity. Because transnational social movements (and international nongovernmental organizations in general) are neither nationally mandated nor tenure-limited bodies. the greatest part of wisdom consists in being wise in time. rewrite the terms of good corporate conduct. " Making Democracy Safe for the World: Social Movements and Global Politics" Roskoski. of Political Science at Univ.1 p. 295-296 //VT98-am Hobbesian and liberal convictions seemingly restrict us to two equally disturbing choices in the realm of politics: our submission to an absolute Leviathan who would rule the world. 1993. 1993. and our interests as capable of being served only behind the aegis of a sovereign state that sponsors unlimited economic and military growth. are often ill-disposed to achieve these ends. or expand the notion of wildlife conservation to include sustainable life-styles. Prof. and technological powers increase along with the earth's population (which is expected to double in the nest sixty years). members of social movements are saying. security and social justice. elected representatives operate with severely constrained temporal and spatial vision. ALTERNATIVES. The struggle to change the social and political conditions that allow. a sphere of collective life that is. of Florida.64 - . the failure to curb growth and remedy its diseases courts catastrophe.THE SCENARIO IS URGENT AND ANY MISTAKES WILL BE IRREVERSIBLE Leslie Paul Thiele. future generations included. " Making Democracy Safe for the World: Social Movements and Global Politics" Roskoski. a military balance of terror and unsustainable economics and lifestyles is marked by urgency. 393 //VT98-am Whether they disseminate an ecological sensibility by publicizing instances of environmental harm. By virtue of electoral dynamics and political culture. Global Civil Society. perhaps even dictate. and the participation of all in the establishment of security. where missteps and mishaps may be irreversible. The former guarantees security at the expense of most other values: the latter perches its increasingly suspect claim to security on the narrow ledge that balances the threat of a nuclear (biological or chemical) annihilation with that of economically driven ecological destruction.. new social movements insist that the defense of turf and the exploitation of its resources for the benefit of present inhabitants should no longer remain the justification of political community.a foresight quite sufficient. In its broadest sense. BIOLOGICAL AND CHEMICAL ANNIHILATION ALONG WITH ECOLOGICAL DESTRUCTION . MOVEMENTS SAVE THE PLANET FROM ECO-DESTRUCTION Paul Wapner. This view retrieves the political wisdom of certain American Native people whose rules of governance were said to be made with the welfare of seven generations in mind . Electoral pressures and the consequent short-term economic goals of national partisan representatives frequently militate against the management of global and long-term environmental (and military) concerns. expansive. or the indefinite extension of the lives of national Leviathans whose reigns are secured by the mutual suspicions and competitive hostilities of their subjects. p. politics entails the responsibility of creating a participatory community with the mandate of ensuring a rising level of health. ALTERNATIVES. Democracy. of Political Science at Univ. movements encourage a view of politics as a trust.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 64 of 77 Generic Movement Impacts SOCIAL MOVEMENTS UNIQUELY SOLVE NUCLEAR. challenge traditional understandings of development aid. Prof. p. of Florida. or more accurately nurturing. industrial. nation-states as the unrestricted arbiters of world affairs. 295-296 //VT98-am As military. Social movements indicate that this dilemma will remain unresolvable from any view point that posits fear as the foundation for politics. In such circumstances. 1994. The elusive goal is both the establishment of security for all. they are will disposed to confront those concerns constituency representatives often find at odds with their political ambitions. given the environmental effects of their technology and population. They are discovering. transnational environmental groups arc reshaping environmental action. must become increasingly farsighted and foresighted as civilization becomes increasingly powerful. In sum. perhaps . and interdependent.

As they attempt to identify and engage these opportunities.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 65 of 77 fortunately. . resistant to government influence. "saving the planet" becomes an exercise in world civic politics.65 - .

and death. the family. Social movements which simultaneously adhere to their principles and engage the civic community in dialogues. professor politics. 153//VT98-am If economic and technological change is to be governed by criteria derived from a new normative consensus. "Impoverishment and the National state". Earthly Goods: Environmental Change and Social Justice. a highly visible stage on which a range of competing values.66 - . p. social movements have sought to create the shared republican values suggested by the Constitution and expressed more forcefully in the Declaration of Independence. then the state cannot be expected to be the prime mover in this process. the environment. interests. 1996. coupled with the twin processes of political integration and fragmentation. . ENVIRONMENT. It is unlikely that a new global civilization equipped with a comprehensive system of authoritative institutions capable of meeting the challenge posed by the socio-ecological crisis will emerge in the near future. On the other hand. crime. will in large measure depend on the complex interaction between the world polity (which includes but is not reducible to the system of states) and international civil society. and organizational principles will contest the right to shape the emerging global political and economic order. Social movements cannot achieve a total incorporation of the civil community into their interpretive community. Political Scientist. 119) In an important way. may alter the civil community's base-line assumptions on issues such as peace. edited by Hampson and Reppy//jah15 p. poverty. 1989 (CORNELL LAW REVIEW. How that contest unfolds. however. POVERTY. A more likely outcome is that the state will function as the principal arena of conflict. it is entirely possible that the praxis of social and political movements. what particular form such globalism takes. Catholic. CRIME AND DRUGS Harold McDougall. will set the stage for a cultural and institutional pluralism more attentive to the implications of global impoverishment and environmental breakdown.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 66 of 77 Generic Movement Impacts MOVEMENTS WILL SHAPE A NEW WORLD ORDER THAT RESOLVES GLOBAL POVERTY Joseph Camilleri. November. drugs. EFFECTIVE SOCIAL MOVEMENTS SOLVE PEACE.

67 - .Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 67 of 77 THE AFF SECTION .

the process has been thrown wide open with a proliferation of groups from all over the spectrum. it created alternative political options: groups (e. blacks). though.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 68 of 77 2AC Frontline 1. and structures. p. Anna Aurilio lobbies for the US Public Interest Research Group. the law does impose social costs and it does have an impact upon the market. to mediate differences among us on the meaning or rules. Law Professor. Milton Friedman as argued: These then are the basic roles of government in a free society: to provide a means whereby we can mend the rules. and to enforce compliance with the rules.68 - . groups participate in most of the major cases of the day by means of amicus curiae brief or by sponsoring litigation. As with the legislative process. NON-UNIQUE: SOCIAL MOVEMENTS ARE LITIGATING IN THE COURTS NOW Richard Pacella. 1998 (LEVERAGING THE LAW: USING THE COURTS TO BRING ABOUT SOCIAL CHANGE. For instance. these groups had what amounted to control of their respective issue areas. . 181) What is critical about Brown. ANNA AURILIO (Lobbyist): Some of the buildings were closed. More directly. Baker and other similar decisions is how they reshaped choices. 2. Political Science Professor. attached legal support or approbation to certain actions. 2002 (THE ROLE OF THE SUPREME COURT IN AMERICAN POLITICS: THE LEAST DANGEROUS BRANCH. a progressive organization . NO IMPACT: PROGRESSIVES WILL FAIL IN THE CONGRESS NATIONAL PUBLIC RADIO. and the Legal Defense Fund of the National Association for the Advancement of Colored People dominated civil rights litigation. American politics was significantly different the day after these decisions because the Court granted legitimacy to certain claims. 2001 (p. as well as previously unrecognized expectations that were henceforth part of the status quo. Roe. or defined new roles for itself of for other intuitions to follow. They are active in the process of selecting judges and justices.g. a fuller range of groups is active in litigation. 3. the American Civil Liberties Union has been a constant in First Amendment litigation. some interest groups have becomes almost permanent fixtures in the Supreme Court and dominate an individual issue area. expectations. TURN: COURT ACTION IS THE BEST WAY TO BRING ABOUT CHANGE David Schultz. The big corporations and the campaign donors can go to the fund-raisers whereas the public is even more split than ever.Ms. We don't have access to staffers like we to. In short. intuitions. UC Berkeley. p. Even if the system is skewed to a degree by the work of interest groups. For decades. In this respect. More recently. access to lawmakers has shifted to the fund-raising circuit. As Ronald Coase has noted. 1) Interest groups are far from absent from the deliberation in the courts. They say that as the corridors of Congress have been closed off. 11) But progressive groups are angry.

the Court was unable to bring about Z types of social change. ROSENBERG. David Schultz. U. For example. To look at only a half a dozen or so major cases and to extrapolate from them the conclusion that the dynamic model is false and the constrained one true forces his scant evidence to support conclusions that are far too broad. At best. 2004. NON-UNIQUE: THE COURTS HAVE RULED THAT GUANTANAMO DETAINEES HAVE THE RIGHT TO MEET WITH LAWYERS CONNECTICUT LAW TRIBUNE. Supreme Court and won the right to challenge their detention in civilian courts. District Judge Colleen Kollar-Kotelly issued a stinging rebuke to the Pentagon. Each has been held by the United States for nearly three years without being charged with any crime. 1998 (LEVERAGING THE LAW: USING THE COURTS TO BRING ABOUT SOCIAL CHANGE. 191) Even if Rosenberg's covering-law model of explanation is the proper one to use to illuminate the impact of specific Court decisions. The decision addresses the rights of three prisoners who took their cases to the U. Paul Burstein argues that Rosenberg employs too few case studies to make his claim that the Court "almost never" effects social change. p.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 69 of 77 2AC Frontline 4. 17 Most recently. NO LINK: THEIR MAIN AUTHOR. p. what Rosenberg can conclude is that in X cases and under Y condition. December 6. his methodology is inconsistently applied and undeveloped to generate the conclusions he wishes to support.69 - . . 20. 5. 2004. ruling that Guantanamo detainees have the right to meet with lawyers--without military intelligence eavesdropping.S.S. on Oct. Law Professor. IS WRONG.

70 - . who argues cases for the U . p. Congress created the Legal Services Commission to help the poor and passed civil rights legislation to make it easier to sue. The Department of Justice. 69) The process of long-term doctrinal development and policymaking in civil rights and individual liberties was created by the justices and litigants who responded to the decisions of the Court and prepare the next round of litigation. the Supreme Court has helped to create and nourish legal mobilization. through the Solicitor General.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 70 of 77 2AC Extensions-Uniqueness MOVEMENTS MAKE WIDESPREAD USE OF THE COURTS NOW Richard Pacela. . Berkeley.S. Congress has aided the process by passing legislation that makes it easier to use the courts for the redress of grievances. Political Science Professor. Thus. 2002 (THE ROLE I:)F THE SUPREME COURT IN AMERICAN POLITICS: THE LEAST DANGEROUS BRANCH. The assistance of the elected branches suggest a democratic element to the construction and maintenance. has acted as m amicus curia and as a party to the rights of groups and individuals. The other branches of government have aided the prospects for legal mobilization and helped the support structure flourish. Epstein believes that there is a democratic element to the process: Broadly based groups with financial and litigation help from other groups have created an external support structure that has fueled the process of policymaking. government.

the Court encourages other governments to act in the same manner. there is a very high likelihood that judicial action will succeed in altering government conduct. The courts simply could dismiss any future prosecutions brought under these laws. if the Supreme Court declares unconstitutional a criminal statute. for instance. In the Pentagon Papers case. If the Court had upheld Richmond. When the Court awards money damages against the government. Lopez. In that way. Virginia's affirmative action program. has changed governance by altering the law and by ending a set of criminal prosecutions. Professor of Law and Dean Emeritus. then the judiciary could enforce this by awarding money damages in the future. compliance with the court orders was obtained in a relatively short period of time. This is typified by the classic negative injunction. Although there was a period of massive resistance in the mid-1950s. Usually. Sydney M. For example. There is no doubt that this would profoundly alter government as it would have to pay compensation for a wide array of laws. Recognizing the range of situations where the judiciary can change government helps in properly assessing the ability of courts to make a difference. Denying the government an injunction or invalidating a criminal statute virtually always will succeed in changing government behavior. some Supreme Court decisions uphold the constitutionality of laws or government practices that encourage government action. An obvious example is the law of the Takings Clause. the threat of contempt is sufficient to gain the government's compliance. but they are instructive of the many ways in which courts can change government. If the employer is recalcitrant and continues to use the test. there are those instances when a court's decision is essentially self-executing. no further action of any government official or even of the courts is necessary. University of Southern California. Fourth. can enjoin future use of the test. CALIFORNIA LAW REVIEW. The court issues an injunction and punishes violations by contempt. The federal government will no longer use that statute. to busing. there are Court decisions that require compliance by others in government. however. Changing the government laws that segregated parks or water fountains simply required taking down the "whites only" sign. If the government failed to do this. then any court would dismiss the case. Desegregating schools. the possibility of money damages for sexual harassment provides strong encouragement for government employers to refrain from such behavior. Roberts and Erwin Chemerinsky. such as for school desegregation. For instance. but that the judiciary can enforce through its contempt power. The most obvious example is the school desegregation litigation. Fifth. Legal Ethics. the Court's ruling will change government. Second.Turn THERE ARE SIX WAYS THE COURTS CHANGE GOVERNMENT CONDUCT John C. Third. then the court could impose contempt. there are Court decisions that are enforced through the award of money damages that are likely to change government conduct. The most obvious example is when the court refuses to issue a ruling. Those who criticize the impact of Court decisions tend to pick their examples from the most problematic categories. . damages can deter wrongful government conduct. If the Supreme Court were to hold that a taking occurs whenever a government regulation decreases the value of a person's property. A Supreme Court decision upholding a local ordinance might encourage other cities to adopt similar laws. by definition.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 71 of 77 2AC Extensions. When the Court issues an affirmative injunction. and Political Science. The judiciary could enforce the Supreme Court's decisions invalidating laws prohibiting the use of contraceptives and forbidding abortion just as effectively. . then the court. there is relatively little that the judiciary can do except hope for voluntary compliance.71 - . then the judiciary can enforce that decision simply by dismissing any future prosecutions brought under the law. By stepping aside. to redrawing attendance zones. from zoning statutes to environmental regulations. compliance might be a more lengthy and uncertain process. In some of the categories government compliance is less certain. If an employer is sued for using a racially discriminatory test in hiring. then it might have encouraged other cities to adopt similar set-aside programs. Section 1983 litigation has as part of its purpose deterring government from violating constitutional rights. No further action of any government official was necessary and yet government policy changed. p. In some of the categories. Irmas Professor of Public Interest Law. was a far more daunting challenge because it required affirmative steps ranging from changing pupil assignments. If the government tried to enforce it. there are those instances where the judiciary can fully enforce a court's decision through its power to dismiss future cases. December 2003. the Court refused to enjoin the publication of a study of the United States involvement in the Viet Nam War. upon finding a violation of the law. 684-5 First. The Court. there are Court decisions that require substantial actions by government in compliance and implementation and therefore continuing judicial monitoring and enforcement. particularly against the federal government. DePaul University College of Law. A simple illustration of this is the Supreme Court's recent decision in United States v. Sixth. The above six categories are not exhaustive. More generally. invalidating a federal law making it a crime to have a firearm within one thousand feet of a school. then the court can hold the employer in contempt of court.

It is questionable what is gained by the exercise or how much it can ever demonstrate that court action is unnecessary. Irmas Professor of Public Interest Law. not over a single up or down proposition. Roberts and Erwin Chemerinsky. Wade made abortion legal in 1973 for the entire country. Professor Rosenberg argues. Part of the response of the political process involves a sequence of steps that includes ascertaining whether a problem needs to be dealt with. but about methods. p. and Political Science. cannot be performed instantly. 182) Rosenberg’s assumptions about time and process are similarly puzzling. ROSENBERG’S CLAIM IGNORES THE FACT THAT THE COURTS DID MORE TO PROTECT ABORTION RIGHTS THAN THE LEGISLATURES EVER WOULD HAVE John C. decisions such as Brown altered if not reduced the costs for individual members of Congress to act and speak out on segregation because the decision created i1 framework in which such discussion could even take place. CALIFORNIA LAW REVIEW. Roe v. For example. December 2003. Wade.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 72 of 77 2AC Extensions-Turn COURT ACTION SPURS LEGISLATIVE ACTION David Schultz.72 - . The difficulty with such arguments is that they are projections of a world that never existed. developing a coalition. legislatively involving 535 people in Congress formally. There certainly are possible scenarios where legislatures might have done what courts accomplished. Again. In other words. DePaul University College of Law. Professor of Law and Dean Emeritus. That process. but then argues that the reform would have occurred even without the Court's ruling. just as they did after Roe. Yet Rosenberg's chronological assumption depend on the absence of what Coase and game theorists would term transaction costs associated with certain costs of action. 684-5 Professor Tushnet and others focus on whether social changes would have occurred even without judicial decisions. Law Professor. and determining what steps will prove useful and will be supported. in part. Also. How long would it have been before abortion was legal everywhere in the nation without this decision? . a key problem with such projections is that they often fail to account for time or geography. p. Sydney M. and many more informally. Analysis of trends could support all sorts of imagined scenarios. the analyst concedes that social change happened and that it followed a Supreme Court decision. 1998 (LEVERAGING THE LAW: USING THE COURTS TO BRING ABOUT SOCIAL CHANGE. . in The Hollow Hope. It is conceivable that state legislatures would have loosened restrictions on access to abortion if Roe had not invalidated such laws. Legal Ethics. that there was a trend toward increased numbers of legal abortions even before Roe v. But it also is conceivable that as pro-choice forces gained political strength. University of Southern California. There is a good deal of testing of the waters. anti-abortion groups would have mobilized.

adequate incomes and other basic goods needed for human flourishing. Law Professor. 2001 (FLORIDA TAX REVIEW. 2001 (FLORIDA TAX REVIEW. v. and most American citizens could be persuaded that the Constitution obligates the government to adopt more progressive policies. Social democracy does not exist in the United States because most Americans accept more capitalistic norms. Law Professor. Karl Marx and Frederick Engels spent considerable intellectual energy first exploring whether the United States was fertile soil for communism. related political movements. One could stock a good-sized library with books and articles explaining why Americans refuse to adopt and implement policies that would assure the vast majority of citizens meaningful jobs. Law Professor. 1973-4) The apparent failure of socialism. v. Lipset and other contemporary scholars highlight both the weaknesses of the socialist parties and the weaknesses of social democratic policies in e United States. p. Lipset highlights that Franklin Roosevelt during the New Deal was able to co-opt more radical democracy by incorporating moderate worker demand in his program. p. v. THERE WILL NEVER BE ANY SUPPORT FOR PROGRESSIVISM IN THE U. Werner Sombart’s 1906 book. 5. . A strong labor party did not develop in the United States. Ruth Bader Ginsburg. neither vote in significant numbers for a socialist party nor support to a significant degree the policies championed by social democrats.73 - . 5. The United States would be a more egalitaritarian society if Antonin Scalia. Sombart’s seminal study places great emphasis on the two-party system. 2001 (FLORIDA TAX REVIEW. pp. 1976) Nonetheless efforts by progressives and others to refine further justifications for constitutional visions do make some politic I sense. RADICAL MOVEMENTS WILL BE COOPTED Vada Water Lindsey. Seymour Martin Lipset has more recently devoted numerous works to the question of American exceptionalism and the failure of socialism to establish at least a beachhead on the western shores of the Atlantic Ocean. Albert Gore. even when diminished political returns are taken into consideration. because Americans were reluctant to throwaway their votes on third parties and because the two major parties were typically willing to co-opt less radical worker demands and worker leaders.S Vada Waters Lindsey. Marquette. in his view. Americans.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 73 of 77 2AC Extensions-Progressive Decisions PROGRESSIVE SOCIAL POLICIES WILL NEVER BE IMPLEMENTED IN THE UNITED STATES Vada Waters Lindsey. 1981) Institutional analysis plays crucial roles in more general analyses of why there is no social democracy in the United States. and then explaining why movements in that direction were not forthcoming. and associated public policies to thrive in the United States fizzled political sociologists for almost two hundred years. Bush. 5. Why is There No Socialism the United States? remains a social science classic both in the United States and Europe. they agree. George W.

A few will do. Politicians are not big on footnotes. University of Southern California. Roberts and Erwin Chemerinsky. Irmas Professor of Public Interest Law. 180) Perhaps more significant. Small changes can be magnified politically from the impossible to the invincible. and visible: People say they are influenced. 1998 (LEVERAGING THE LAW: USING THE COURTS TO BRING ABOUT SOCIAL CHANGE. Rosenberg's definition of influence ignores the power of silence and mishandles the significance of numbers and assumptions. a factor of no significance to the vast majority of the population can dominate the political agenda by influence that critical 5%. p. It is simple: categorically unhelpful to be told what most people thought. Or their behavior reflects it by alternation to follow precedent. Legal Ethics. Professor of Law and Dean Emeritus. CALIFORNIA LAW REVIEW.74 - . Some of the most egregious actions never make their way to the Supreme Court once lower courts have struck them down. that enforce the Constitution and invalidate constitutional violations by governments and government officials. and Political Science. Gerald Rosenberg's much-cited book arguing that courts fail to make a difference looks only to the Supreme Court and not lower courts and the impact of their rulings . 681 Assessing the desirability of judicial review requires accounting for the countless decisions by courts other than the Supreme Court. Law Professor. a mere 5% of the voters holds the power. . Expectations of small changes could be very significant. DePaul University College of Law. ROSENBERG UNDERESTIMATES THE VALUE OF SMALL CHANGES David Schultz. Lacking entirely in Rosenberg is the sense that politics is a game of percentages. By that definition. Yet many people have strong incentives to mask the patterns of influence in order to show that they have been right on this issue from the beginning-that they did not get their beliefs from the court or from anyone else. and a large percentage of districts were not considered safe. it is first necessary to define it and figure out how it can be measured. throughout history and now. expressed. By extension. Influence can be watched. 180) In order to measure the power of the Court. Sydney M. politics is often a game of inches. The civil rights movement broke on a country in while safe districts were defined as districts in which the prevailing party had won 55% of the vote. December 2003. Small changes in view of that context could move mountains. It is not necessary that we document the power of the court on large numbers. These are not trivial problems and they have created tremendous problems with Rosenberg's study. Law Professor. p. 1998 (LEVERAGING THE LAW: USING THE COURTS TO BRING ABOUT SOCIAL CHANGE. p. He assesses that influence is public. ROSENBERG’S BOOK DOESN’T FACTOR IN LOWER COURTS John C.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 74 of 77 2AC Extensions-Rosenberg has problems ROSENBERG IGNORES CHANGES THAT OCCUR UNDER THE RADAR Davit Schultz. Or we can trace the sequence of influence by tracing statements and pressure. Often ethnic groups are carriers of just such political dynamite.

" They also resonate with Susan Olson's argument that a "new style" of public interest litigation has emerged in recent years -. Spring.J. Rather. 8 B. . 485-6 (MHHARV5469) The multifaceted nature of the litigation projects described by lawyers in this study indicates that these lawyers were not interested in knowing what litigation alone could accomplish.75 - . . Associate Professor of Law. they often pursued other strategies simultaneously with the expectation that those tactics would reinforce one another. The Boston Public Interest Law Journal. even though many of these skills were not strictly "legal. Int. your community group work is supporting both of them.U. The Boston Public Interest Law Journal. civil rights and poverty lawyers often worked toward systemic remedy rather than individual redress." ROSENBERG'S CLAIM THAT COURTS DIVERT FROM MORE EFFECTIVE LEGISLATIVE STRATEGIES DOES NOT COMPORT WITH EMPIRICAL FACTS Ann Southworth. L. in the private sector. L." As one experienced litigator in my study observed in characteristic fashion: One of the things that I've learned .J. 469. 1999. Case Western Reserve University.a model of "flexible lawyering" -. including some involving no litigation. like their corporate counterparts. in the media. is how it's all of one piece. . these lawyers applied a broad range of skills to their clients' needs. . They all . Pub. Int.in which lawyers "meld political and legal strategies. Like lawyers in many other practice areas. 8 B.U. . Moreover. Case Western Reserve University. Most of these lawyers pursued a variety of strategies. p. including some skills that were not narrowly juridical. Where they used litigation. The skills they employed were ones that are routinely used on behalf of wealthier clients and corporations. . they generally expected that they would be more successful in securing clients' objectives if they worked in several arenas simultaneously. 1999. p.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 75 of 77 2AC some more Random Answers LITIGATION DOES NOT TRADE OFF WITH OTHER STRATEGIES TO PROMOTE SOCIAL CHANGE Ann Southworth. 469. enhance each other. These findings are consistent with Handler's observation that social reform advocacy "is not restricted to courts.in all branches and levels of government. . The prominence of the litigation and lobbying combination in this study also casts doubt on Rosenberg's premise that courts deflect the energies of naive lawyers and prevent them from pursuing more promising legislative strategies. Litigation is supporting your legislation. it takes place wherever important decisions are made affecting the interests of client groups -. Spring. . and you need many arrows in your quiver. 478 (MHHARV5468) Very few lawyers in this study reported they sought to secure their clients' objectives through litigation alone. Associate Professor of Law. Pub.

University of Chicago Comparative Zoology Ph.76 - . Their absence caused no material harm to any human. HUMAN EVOLUTION PROVES THE VALUE OF EXTINCTIONS David Raup. p. At saturation.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 76 of 77 More 2AC stuff SOME SPECIES ARE IRRELEVANT TO ECOSYSTEM HEALTH Lawrence Johnson. after which speciation would be forced to stop. p. EXTINCTIONS CREATES SPACE FOR NEW AND BETTER SPECIES David Raup. biodiversity would increase until some saturation level was reached. as we know it. the principal role of extinction in evolution is to eliminate species and thereby to reduce biodiversity so that space -.D. We have already managed to dispense with many species. we probably would not be here now if extinction were a completely fair game. According to this view. they exterminated seventeen species of plants and animals. p. but that ecosystem as a whole was destroyed without material injury to human interests.257 (MHHAR3473) So long as there is a strong enough life-support system to maintain human life. would probably not appear. that extinction is necessary for evolution. The fact is that a partially degraded biosphere can be quite comfortable. and with many complete but (in our own selfish terms) unimportant ecosystems. When the Tasmanian Hydro-Electric Commission flooded beautiful Lake Pedder in South-West Tasmania (in 1972). NO INTRINSIC VALUE TO ECOSYSTEMS -. The result would be a slowing of evolution and an approach to some sort of steady-state condition. . and that selective extinction that is largely blind to the fitness of the organism (wanton extinction) is most likely to have dominated. natural selection would continue to operate and improved adaptations would continue to develop. University of Chicago Comparative Zoology Ph.. 1991..ecological and geographic -.is available for innovation. For instance. A MORALLY DEEP WORLD. some species occur only in very restricted areas. there is no practical need for us to concern ourselves with the fate of minor ecosystems and species that are useless to us.191 (MHHAR3475) I conclude. Flinders University A MORALLY DEEP WORLD. and so long as there are enough unique and beautiful things to satisfy human desires. 1991.166 (MHHAR3472) The fact remains that some species are not at all important to the functioning of the biosphere. Perhaps they were vital to their own tiny ecosystem. 1991. all without ill effects.187 (MHHAR3474) In Chapter 1. EXTINCTION: BAD GENES OR BAD LUCK. p.NOT CRITICAL TO SURVIVAL Lawrence Johnson. But many of the innovations in evolution. such as new body plans or modes of life. I suggested that without species extinction. 1991. EXTINCTION: BAD GENES OR BAD LUCK.D. As Stephen Jay Gould and others have emphasized. Flinders University. Nobody really needs the snail darter. therefore.

evaded. light a path out of the darkness. for many reasons. are interdependent. In the end. it is unpredictable. At the very least. The assistance of the elected branches suggest a democratic element to the construction and maintenance. litigation also seems to have produced some favorable shifts in the legal and cultural frames surrounding gay rights in general and same-sex marriage more particularly. the Supreme Court has helped to create and nourish legal mobilization. they still might serve enormously important ends. and Political Science. the question assumes that litigation and decisions are to be evaluated in terms of their resulting social change. through the Solicitor General. I would argue that Rosenberg's metaphorical use of the word flypaper to describe litigation is inaccurate. 2000. University of Southern California. Legal and political opportunity structures. Michigan Law Review. Perhaps most importantly. 218 (PDCL1627) My analysis suggests that Rosenberg's conclusion may be too bleak. . Political Science Professor. Where we agree is in the assessment that courts do not have the capacity to produce social change when their decisions diverge too radically from the values and expectations o f the other two branches o f government. Congress created the Legal Services Commission to help the poor and passed civil rights legislation to make it easier to sue. Even if laws forbidding employment discrimination are shown to have had little net impact in eradicating workplace inequalities. under the right circumstances. government. It is always dangerous. 1428 (MHHARV5500) Third. it can be successful in compensating innocent victims.) pg. The other branches of government have aided the prospects for legal mobilization and helped the support structure flourish. while distinct. Thus. Congress has aided the process by passing legislation that makes it easier to use the courts for the redress of grievances. 69) (PDBF499) The process of long-term doctrinal development and policymaking in civil rights and individual liberties was created by the justices and litigants who responded to the decisions of the Court and prepare the next round of litigation. Rev. p. Similarly. 2002 (THE ROLE I:)F THE SUPREME COURT IN AMERICAN POLITICS: THE LEAST DANGEROUS BRANCH. Out of the Closets and Into the Courts: Legal Opportunity Structure and Gay Rights Litigation. WIDESPREAD USE OF THE COURTS NOW Richard Pacela.77 - . COURT ACTION IMPORTANT FOR REDRESSING WRONGS EVEN IF IT DOESN'T SPUR SOCIAL CHANGE Erwin Chemerinsky. 1416. Professor of Public Interest Law. Legal Ethics. May.S. L. Berkeley. The Department of Justice. even if tort law does not succeed in deterring dangerous products and practices. who argues cases for the U . 98 Mich. this requires deciding what social changes are relevant as a measure of success. When struck. court decisions can provide redress to injured individuals. And it can. especially in the rain. has acted as m amicus curia and as a party to the rights of groups and individuals. focusing on whether court decisions cause social change is an incomplete inquiry. or overturned. Instead I suggest that litigation is a match. but who is to decide what is relevant? Also. Even if court decisions brought about no social change. and my study of same-sex marriage litigation indicates that courts too far in the vanguard of social change will find their rulings ignored. Epstein believes that there is a democratic element to the process: Broadly based groups with financial and litigation help from other groups have created an external support structure that has fueled the process of policymaking. It may fizzle out. p. the statutes still serve a crucial purpose if they provide compensation to the victims of discrimination.Wake Forest Debate 2006-07 Zafar Moosajee Hollow Hope DA page 77 of 77 More 2AC Extensions HOLLOW HOPE THEORY FLAWED – THE GAY RIGHTS MOVEMENT WILL GET VICTORIES IN THE COURT Anderson 2005 (Ellen Ann.