Democracy is our greatest protection against abuse of government power. But democracy cannot readily be aimed at every injustice, and it sometimes fails altogether when the victims of unfair treatment lack political power. In these circumstances, Morrison & Foerster lawyers are proud to carry on the highest traditions of American law by asking the courts to protect the rights of the people. To learn more about our civil and constitutional rights work, click
here.
Protecting People with Disabilities from Abuse and Neglect
In
Virginia Office for Protection and Advocacy v. Stewart, MoFo lawyers won a victory at the U.S. Supreme Court that strengthened the ability of state Protection and Advocacy agencies to uncover the mistreatment of people with disabilities living in state institutions. The decision arose from the state of Virginia's claim that it was immune to a federal lawsuit seeking records necessary to investigate a death and serious injuries suffered by people with disabilities in state hospitals. The Supreme Court affirmed the Protection and Advocacy agency's ability to sue the state in federal court when necessary to carry out its federally mandated duty to protect people with disabilities.
Showdown for the Defense of Marriage ActSoon after Karen Golinski got married in 2008, she tried to enroll her spouse in her employee health insurance plan. Her employer, the federal courts of the Ninth Circuit, turned her down because her spouse is another woman. Together with Lambda Legal, we challenged this unequal treatment and, finally in early 2012, Ms. Golinski won. A federal district court ruled that the Defense of Marriage Act (DOMA), a law that prohibits the federal government from recognizing same-sex marriages, is unconstitutional and that Karen Golinski deserved the same employee benefits that her married heterosexual co-workers enjoy.
Our lawyers have stayed with the case through dramatic ups and downs. We won an order in Ms. Golinski's favor through an administrative proceeding before the Chief Judge of the Ninth Circuit – only to see it ignored by federal officials who claimed DOMA tied their hands. The standoff between the judicial and executive branches continued, so we took the case to court. The judge dismissed the case to allow us to file a direct challenge to DOMA and then, in February 2011, the Obama administration announced that it would no longer defend DOMA. However, Republican congressional leaders intervened in the case to defend DOMA and the denial of insurance benefits. Victory is sweet but not yet final; a federal appeals court now has the case.
For recent news coverage of this case, click
here.
Challenging "Don't Ask, Don't Tell"
In a case that drew immediate national attention when it was filed in 2010, MoFo and the Servicemembers Legal Defense Network sued to block the U.S. Air Force from discharging Lieutenant Colonel Victor Fehrenbach. The suit contended that the Air Force was nearing a decision to oust Lt. Col. Fehrenbach, a highly decorated officer, after a baseless complaint of sexual assault led to a "Don't Ask, Don't Tell" investigation shortly before he would have reached retirement with full benefits at 20 years. The suit succeeded – not only in preventing Lt. Col. Fehrenbach's premature discharge, but also in adding to the pressure on the U.S. Congress to repeal "Don't Ask, Don't Tell," so that the military could implement equality on its own timetable rather than one determined by the courts. In 2011, the repeal was fully implemented, and Lt. Col. Fehrenbach has now retired with full honors and full benefits. This discriminatory policy that forced more than 14,000 lesbians and gay men out of the armed services since 1994 is now history, but the firm's commitment continues as we successfully advocate the reinstatement of highly qualified veterans who were wrongfully discharged under the ban.