Wake Forest Debate 2006-07: 1NC and 2NC Briefs on Courts and Social Movements

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 LinkEach Decision Keeps The Hope Alive................................................................................................................................. 25 Courts cant solve - General.......................................................................................................................................................... 26 Courts cant solve - General.......................................................................................................................................................... 27 Courts failreduce 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 Movt => Immigration Movement................................................................................................................................. 52 Immigration Grassroots Solves................................................................................................................................................... 53 Immigration Link - Courts Cant Solve .......................................................................................................................................... 54 Impact Immigration key to Economy .......................................................................................................................................... 55 US Economy Key to Global Economy........................................................................................................................................... 56 Impact Economy......................................................................................................................................................................... 57
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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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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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C. Litigation Would Destroy the Gay Rights Movement
Johnson Professor of Law, University of California at Davis 1993, : Los Olvidados: * Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement, Brigham Young University Law Review, 1993
Litigation, however, by definition has its limits. 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 . n347 Mounting litigation setbacks for the executive branch have not remedied the serious structural flaws in the immigration bureaucracy. The continued existence of such flaws consistently requires more costly litigation, which drains the limited resources of immigrant and refugee groups. Thus, despite successful litigation and despite the intense criticism of the immigration system in recent years, major institutional reform has not been forthcoming. Put simply, although litigation may have assisted in some ways, the continued need for it--and the
monitoring function that it serves--amply illustrates its shortcomings.
Reform litigation also is fraught with hazards in light of the current composition of the courts. n348 Although there has [*1226] been some success, there have been stunning litigation failures
as well, particularly in the Supreme Court. n349 Some refugee rights advocates, 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. n350 Whether or not that criticism is justified, the
evaluation of possible litigation must be viewed in light of viable alternatives. During the 1980s, the Reagan administration took some rigid stands on
immigration matters, which President Bush often continued. n351 The Presidency has changed hands, however, and negotiation may prove more fruitful than it once was. n352 Deeper criticisms of litigation require consideration as well. In other substantive areas, critics have argued that litigation has preserved, if not strengthened, the status quo. n353 Care must be taken in formulating and pursuing litigation strategies to avoid
particularly impact litigation with its laudable reform goals, may do little in the long run to empower the disempowered . n354 Impact litigation in particular often
that pitfall. More fundamentally, litigation, treats class members as little more than passive observers, pawns of well-meaning attorneys pursuing social change. n355 The nominal role of [*1227] noncitizens in the legal system can be nothing other than disempowering. That glimpse at law in action is unlikely to mobilize them to demand change when attorneys are unavailable to take charge.
Empowerment is
necessary to avoid future litigation. Noncitizens have limited power in society and may be left after litigation, even if
successful in its aims, with the firm impression that legal institutions--strange, alienating, and foreign as they are--render them just as powerless. n356 Lawyers therefore must address strategies besides litigation, which may require them to re-evaluate their role as attorneys promoting social change. C. Strategies that Facilitate Storytelling At least in the long run, political
solutions to the plight of noncitizens appear more likely to bear fruit than does litigation. n357 Indeed, mobilization may be the only long-term solution to the political powerlessness of the immigrant community and allow noncitizens to control their destiny. Concerted pressure, even during conservative presidencies, at times has convinced the INS to alleviate the harshness of its policies. n358 Lobbying efforts might change the immigration laws and restrain the immigration bureaucracy.
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D. Gay rights are Critical to end all Human oppression and suffering
Tatchell, gay author and activist June 1989 Peter gay liberation is central to human emancipation http://www.petertatchell.net/masculinity/gay%20liberation.htm objectively becomes an act of subversion which undermines the very foundations of oppression. Hence the Nazis vilification of gay men as "sexual subversives" and "sexual saboteurs" who, in the words of Heinrich Himmler, had to be "exterminated- root and branch." 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, liberated from masculinity, 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, police, 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). By challenging the cult of heterosexual masculinity, lesbian and gay liberation politics is about much more than the limited agenda of human rights. It offers a unique and revolutionary contribution to the emancipation of the whole of humanity from all forms of oppression and subjugation.
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E. We must reject the reign of terror of discrimination against gay men and lesbians. It is worse than any impact they will claim
Richards ,Edwin D. Webb Professor of Law, Director, Program for the Study of Law, Philosophy, and Social Theory, New York University 1998
David A. J. Women, gays, and the constitution, , p. 17-18
We may and should, on grounds of principle, extend our earlier analysis of moral slavery to the traditional reprobation of homosexuality . Homophobia reflects a cultural tradition of rights-denying moral slavery similar to and indeed overlapping with the American tradition of sexist degradation; the root of homophobia is, like sexism, a rigid conception of gender roles and spheres, only here focusing specifically on gender roles in intimate sexual and emotional life. Homosexuals, because they violate these gender roles, are traditionally supposed to be outcasts from the human race as well, and thus
incapable and indeed unworthy of being accorded what all persons are, on equal terms owed: respect for their basic human rights to conscience, speech, intimate life, and work. As we, shall see in the next section, cases like Bowers v. Hardwick are plausibly condemned as themselves
expressing homophobia to the extent, on wholly unprincipled and inadequate grounds, homosexuals are uncritically excluded from the scope of a basic human right of intimate life now liberally extended to all other persons.A way of making this point is to observe that homophobic prejudice, like racism and sexism, unjustly distorts the idea of human rights applicable to both public and private life. The political evil of racism expressed itself in a contemptuous interpretation of black family life (enforced by anti miscegenation laws that confined blacks, as a separate species, to an inferior sphere). The political evil of sexism expressed itself in a morally degraded interpretation of private life to which women, as morally inferior, were confined as, in effect, a different species. In similar fashion, the evil of homophobic prejudice is its degradation of homosexual love to the unspeakably private and secretive not only politically and socially, but intrapsychically in the person whose sexuality is homosexual; 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. Its vehicle is the denigration of gay and lesbian identity as a devalued form of conscience with which no
one, under pain of ascribed membership in such a devalued species, can or should identify. Such degradation constructs not, as in the case of gender, merely a morally inferior sphere, but an unspeakably and inhumanly evil sphere, 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; homosexuals, self-consciously demonized (as devils) as they are by contemporary sectarian groups, must be kept in the sphere, consistent with their inhumanity. 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, in their nature, radically discontinuous with in anything recognizably human. The culture of such degradation is pervasive and deep, legitimating the uncritically irrationalist outrage at the very idea of gay and lesbian marriage, 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. Groups, thus marked off as ineligible for the central institutions of intimate life and cultural transmission, are deemed subculturally nonhuman or inhuman: an alien species incapable of the humane forms of culture that express and sustain our inexhaustibly varied search, as free moral persons, for enduring personal and ethical meaning and value in living. 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. Abolitionist theory and practice played a crucial role in reviving and retelling this story. For example, in the Lincoln-Douglas Debates of 1858, Abraham Lincoln, who bad in 1837 criticized abolitionist advocacy as lending "rather to increase than to abate its [slavery's] evils, appealed to the central abolitionist moral judgment of the rights-denying evil of slavery, 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. 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,' 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, for Lincoln, the central moral question of the rights-denying evil of slavery and its inconsistency with the Declaration of Independence. By undermining the political morality of human rights, Lincoln argued that Douglas is blowing out the moral lights around us, when he contends that whoever wants slaves has a right to hold them; that he is penetrating, so far as lies in his power, the human soul, and eradicating the light of reason and the love of liberty, when he is in every possible way preparing the public mind, by his vast influence, for making the institution of slavery perpetual and national." Thus the antebellum constitutional struggle was a fight over basic issues of political morality and the role of that morality in constitutional interpretation. Lincoln put the point starkly: "if slavery is not wrong, nothing can be wrong." If the nation lost its competence at making and enforcing such rights-based judgments as fundamental constitutional morality, it could stand for nothing and anything, The recovery of our constitutional moral sanity was how Lincoln, in his Gettysburg
Address, gave enduring moral meaning to the sacrifices of the Civil War, namely as "a new birth of freedom." Lincoln thus morally grounded the Civil War on the abolitionist demands for respect for human rights, on which the legitimacy of the Constitution ultimately rested, The Reconstruction Amendments constitutionally insist on respect for these demands and thus rest on and express abolitionist political morality, 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.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. Human rights should be interpreted in Lincoln's terms that "there, 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, for that matter, advocates of radical antislavery would or would not have applied the relevant clause under interpretation.
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Zafar Moosajee
Hollow Hope DA
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1NC Shell Immigration Scenario 1/4

A. 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, Saturday
Calls for May 1 boycott test immigration unity; Protest movement splinters on tactic; some fear backlash, Lexis Nexis The new immigrant rights movement in Colorado, which took off with stunning success last month, is now facing its first real test over a planned student walkout April 19 and a work boycott May 1 Some leaders, including a growing number of student activists, favor the aggressive tactics of walkouts and a boycott to show the economic power of the immigrant community . 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. All factions in the immigrant rights movement agree on the goal - to see Congress pass immigration reform that gives people who are in the country illegally a path toward citizenship. But the two upcoming events have created a disagreement over strategy, echoing a debate that's occurring among immigrant rights groups across the country. That's not unusual, said Rachel Einwohner, a sociology professor at Purdue University in Indiana. She noted that the civil rights movement splintered into factions that took different approaches. "People are, of course, interested in achieving justice. They're not always going to agree on how to achieve that," she said. Sometimes groups come back together and sometimes their split hardens, Einwohner said, and "it can be very difficult to get the two sides back together." Immigrant rights took center stage at a March 25 Civic Center demonstration that drew an estimated 50,000. Since then, there have been a series of student walkouts and other demonstrations. But next Wednesday, student organizers are planning to up the ante, 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, said Eddie Montoya, 19, of the youth activist group Jovenes Unidos. Students may stage another walkout May 1, 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. The protest movement has also hit Mexico and parts of Central America, with some groups calling for
boycotts May 1 of American-made products. While details of the local events are still undecided, 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, the Internet and e-mail. " In terms of a movement, what
does a movement look like, we're seeing a very unique dynamic that I think is unprecedented in U.S. history," said Jamila Spencer, of the Colorado Catholic Conference, part of a coalition called the Colorado Grassroots Movement for Immigrant Justice. "That's why this May 1st thing has the potential to be so explosive - because you can't control it."
Rosenberg, Associate Professor Political Science @ U Chicago Law 1991, Gerald N The Hollow Hope, p.. 340
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C. Litigation Would Destroy the Immigrants Rights Movement
Johnson Professor of Law, University of California at Davis 1993, : Los Olvidados: * Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement, Brigham Young University Law Review, 1993
Litigation, however, by definition has its limits. 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 . n347 Mounting litigation setbacks for the executive branch have not remedied the serious structural flaws in the immigration bureaucracy. The continued existence of such flaws consistently requires more costly litigation, which drains the limited resources of immigrant and refugee groups. Thus, despite successful litigation and despite the intense criticism of the immigration system in recent years, major institutional reform has not been forthcoming. Put simply, although litigation may have assisted in some ways, the continued need for it--and the
monitoring function that it serves--amply illustrates its shortcomings.
Reform litigation also is fraught with hazards in light of the current composition of the courts. n348 Although there has [*1226] been some success, there have been stunning litigation failures
as well, particularly in the Supreme Court. n349 Some refugee rights advocates, 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. n350 Whether or not that criticism is justified, the
evaluation of possible litigation must be viewed in light of viable alternatives. During the 1980s, the Reagan administration took some rigid stands on
immigration matters, which President Bush often continued. n351 The Presidency has changed hands, however, and negotiation may prove more fruitful than it once was. n352 Deeper criticisms of litigation require consideration as well. In other substantive areas, critics have argued that litigation has preserved, if not strengthened, the status quo. n353 Care must be taken in formulating and pursuing litigation strategies to avoid
particularly impact litigation with its laudable reform goals, may do little in the long run to empower the disempowered . n354 Impact litigation in particular often
that pitfall. More fundamentally, litigation, treats class members as little more than passive observers, pawns of well-meaning attorneys pursuing social change. n355 The nominal role of [*1227] noncitizens in the legal system can be nothing other than disempowering. That glimpse at law in action is
Empowerment is necessary to avoid future litigation. Noncitizens have limited power in society and may be left after litigation, even if
unlikely to mobilize them to demand change when attorneys are unavailable to take charge. successful in its aims, with the firm impression that legal institutions--strange, alienating, and foreign as they are--render them just as powerless. n356 Lawyers therefore must address strategies besides litigation, which may require them to re-evaluate their role as attorneys promoting social change. C. Strategies that Facilitate Storytelling At least in the long run, political
solutions to the plight of noncitizens appear more likely to bear fruit than does litigation. n357 Indeed, mobilization may be the only long-term solution to the political powerlessness of the immigrant community and allow noncitizens to control their destiny. Concerted pressure, even during conservative presidencies, at times has convinced the INS to alleviate the harshness of its policies. n358 Lobbying efforts might change the immigration laws and restrain the immigration bureaucracy.
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D. Immigration Critical to Save the US economy
Griswold, Director, Center for Trade Policy Studies The Cato Institute 2005, Daniel T
May 26, The Need for Comprehensive Immigration Reform: Serving Our National Economy http://www.freetrade.org/pubs/speeches/ct-dg052605.html, Mr. Chairman and members of the Subcommittee, thank you for inviting the Cato Institute to testify today on the subject of immigration reform and the U.S. economy. Our current immigration system is fundamentally out of step with the realities of American life and desperately needs comprehensive reform. Immigrants
play an important part in the success of America's freeenterprise economy. Immigrant workers willingly fill important niches in the labor market. They gravitate to occupations where the supply of workers falls short of demand , typically among
the higher-skilled and lower-skilled occupations. That hourglass shape of the immigration labor pool complements the native-born workforce,
immigrants do not compete directly with the vast majority of American workers. Immigration provides needed flexibility to the U.S. economy, allowing the supply of workers to increase relatively quickly to meet rising demand. When demand falls, would-be immigrants can decide not to enter, and those already here can decide to return home. The result is a more efficient economy that can achieve a higher rate of sustainable growth without encountering bottlenecks or stoking inflation. Immigration not only increases the supply of labor but also the demand for the labor of othersto provide food, housing, transportation, services and consumer goods. Immigration helps to maintain a steady, healthy growth rate in the U.S. labor force. Because of immigration, the U.S. workforce and economy will continue to grow well into the 21st century,
where most workers fall in the middle range in terms of skills and education. As a result, while Japan, Germany, and other advanced economies will be forced to adjust to an unprecedented decline in their workforces. The impact of immigration on the small segment of the U.S. 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. Americans also benefit from higher returns on investment, 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. 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. year.
[1]
[2] And those gains from immigration recur year after
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E. Collapse of the US economy causes a collapse of the world economy
Mead, Senior Fellow in US Foreign Policy, Council on Foreign Relations with expertise in the international political economy 2004, Foreign Policy, 4/1/04
F. Collapse of the global economy risks extinction and nuclear exchange

Lewis professor at the University of Colorado-Boulder 1998 Chris H, The Coming Age of Scarcity p. 56
Most critics would argue, probably correctly, that instead of allowing underdeveloped countries to withdraw from the global economy and undermine the economies of the developed world, the United States, Europe, Japan, and others will fight neocolonial wars to force these countries to remain within the collapsing global economy. These neocolonial wars will result in mass death, suffering, and even regional nuclear wars. If First World countries choose military confrontation and political repression to maintain the global economy, then we may see mass death and genocide on a global scale that will make the deaths of WWII pale in comparison. However, these neocolonial wars, fought to maintain the developed nations economic and political hegemony, will cause the final collapse of our global industrial civilization. These wars will so damage the complex economic and trading networks and squander material, biological and energy resources that they will undermine the global economy that its ability to support the earths 6 to 8 billion people. This
would be the worst case scenario for the collapse of global civilization.
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1NC Shell Environment Scenario 1/4

A. 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. As evidence they point to the relentless confidence with which President Bush and Republican majorities in Congress attack long-standing environmental goals , such as protecting the Arctic National Wildlife Refuge from
oil drillers.
In truth, though, the environmental movement's vitality depends on how we define the movement. This is more than a linguistic exercise. Take global warming. The "environmentalism is dead" crowd contends that
the big environmental groups have failed to get new federal laws passed limiting global-warming gases. The reason, they say, 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. The environmentalists counter they have partners in their quest for energy efficiency.
Both sides overlook a new dynamic that is revitalizing and redefining environmentalism: the development of locally and regionally based quality-of-life movements. Transportation gridlock, the loss of open space to land-gobbling auto-dependent transportation and parking systems, and the disconnect between workplace and residency are all now environmental issues. And all these concerns have significant implications for global warming. Local quality-of-life movements have dramatically brought their issues into public view in the last two years. In June 2003, dozens of community and neighborhood organizations secured a permit to close the
Pasadena Freeway between Pasadena and downtown Los Angeles for one morning. Walkers and bicyclists filled the freeway's
groups called for new transportation, watershed, housing and community-development strategies to
lanes. A community festival climaxed what some participants called "a magical moment" for Los Angeles. The make the corridor between Pasadena and downtown Los Angeles friendlier for pedestrians, bikers, transit riders and residents. Food is at the center of other quality-of-life movements. Traditional environmentalism focused on pesticides and their effects on air and water quality. The food movements spotlight the link between how and where food is grown (and processed) and how it's consumed.
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Rosenberg, Associate Professor Political Science @ U Chicago Law 1991, Gerald N The Hollow Hope, p.340
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C. Drawing environmental movements to the courts would collapse the movement
Rosenberg, Associate Professor Political Science @ U Chicago Law 1991, Gerald N The Hollow Hope, p.. 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. If courts are normally deferential to agencies, they are even more likely to act deferentially when the matter at
controversy is highly technical." The Supreme Court made this deference explicit in a case dealing with the Nuclear Regulatory Commission: "the Commission is making predictions, within its area of special expertise, at the frontiers of science. When examining this kind of scientific determination, as opposed to simple findings of fact, a reviewing court must generally be at its most deferential." "I Off the bench, both Judges Bazelon and Leventhal have noted judges' lack of training and knowledge to assess the merits of scientific arguments.'9 Overall, then, as Hays points out, judges' "lack of sufficient technical training" has reinforced courts' unwillingness to become involved in substantive environmental matters (Hays 1986, 981-82).
constraint on courts involves implementation. In the environmental area this constraint is manifested in a number of ways, including the complexity of environmental litigation (Ohio v. Wyandotte Chemicals Corp. 1971, 504; Wald 1985, 3), the piece-meal picture of the problem that litigation affords (Bowman 1976, 656; Melnick 1983, 345, 366, 367) and courts' lack of resources. Focusing on the latter, courts are not usually aware of the
The third constraints under which implementing agencies operate. Even when courts order agencies to take specific steps or meet certain deadlines, the agencies may lack sufficiently trained personnel, the money, or the political resources necessary to comply. O'Leary, examining over 2,000 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, 23). In the area of air quality, Melnick notes that the "EPA has missed most of the deadlines set by courts, claiming that Congress has not provided it with enough money or trained personnel." And, as Melnick points out, the "court cannot appropriate more money"
agencies often are forced to make choices about where to invest limited resources. When courts order agencies to invest more resources in a given program, compliance leads to another program being deprived of resources. Thus, the best-intentioned judicial decisions may hurt rather than help the environment. The decentralized
(Melnick 1983, 61). In addition, nature of the legal system also means that environmentalists have no control over access to courts. The result, in practice, is that polluters can use the courts the same way environmentalists have, to delay or reverse government decisions and to tie up their opponents. "Litigation," industry discovered, "can delay any real pollution control effort" (Wenner 1982, 72). Reviewing environmental litigation in the 1970s, Wenner found that industry had "set about systematically to challenge every environmental law on the books" (Wenner 1982, 172). By the 1980s, 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, 7). And comparing the ability of industry to effectively use the courts with that of environmentalists, Hays reached a sobering conclusion: "the relative ability of industry to bring litigation, challenge administrators through lawsuits, and postpone action and neutralize administrative choice, in contrast with the limited capabilities of environmentalists, was striking" (Hays 1986, 976). One of the main reasons for this last conclusion is that environmentalists, like all social reformers, have limited resources. 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, 19). As early as 1970 Sive concluded that when "your defendant is big enough to put on a good defense," as large polluters invariably are, litigation costs will run environmentalists "over $100,000" (Sive 1970a, 87). Writing in 1984, Miller found that the costs of environmental suits ran as high as $200,000, with groups having "difficulty paying ùp front' costs of these cases" (Miller 1984, 10411 n.46). And, of course, these cost estimates assume lawyers work for free or at greatly reduced rates. The result is that environmental lawyers can bring very few suits. Thus, although courts may have offered certain advantages to environmentalists, those advantages were only available to those who made it past the courthouse doors.
the most important problem created by the implementation constraint is the courts' inability to insure that their decisions are implemented. "By itself, announcing rights does not protect rights" (Melnick 1983, 297). Courts, as proponents of the Constrained Court view point out, lack most of the necessary tools for implementation. This problem is exacerbated with environmental protection because its effects are widely felt .
Perhaps Courts, as well as the EPA, need political support to implement environmental decisions and regulations. But "standards that seem excessively demanding to state and local administrators, congressmen and presidents, and members of the public directly affected" are hard to enforce (Melnick 1983, 297). This means that agencies, when faced with court decisions requiring action they deem unworkable, "often have better reasons than mere timidity" for dragging their feet; they may lack the "technical, administrative, and political resources to carry out" the court order (Melnick 1983, 378). Melnick finds that in the environmental area the celebrated judicial independence of the Dynamic Court view is "essentially a negative quality" (Melnick 1983, 372). It leads courts to ignore the possible in favor of the principled. And, while the enunciation of principles is a noble undertaking, it may produce little in the way of results. As Melnick cleverly puts it, "one cannot help but wonder whether state and federal regulators have sometimes thought, `the NRDC and the courts have their standard, now let them enforce it"' (Melnick 1983, 281).
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D. 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, p. 250 In conclusion, environmentalism's challenge must be more than to criticize society and imagine a blissful alternative. On the contrary, the movement must devise realistic plans
and concrete strategies for avoiding ecological collapse and for reconstructing an ecologically sustainable economic order. To do so will entail working with , not against, society at large. 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,
and where liberals forward an agenda aimed at social progress and environmental protection, but in which both contingents are willing to compromise in the interests of a common nation and, ultimately, a common humanity. The environmental reforms necessary to ensure planetary survival will
require the forging of such a broad ranging political consensus.
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2NC Overview Gay Movement Scenario

Currently, the gay movement is strong because of grass roots involvement thats the www.taskforce.org evidence. However, when you pass the plan through the courts, it will draw the Gay movement away from grass roots action towards court action. This would doom the immigration Gay because the courts cant bring real victories. The implications for this are two fold. First, it turns solvency. Extend the Rosenberg 1991 evidence. The court draws the _________ movement away from substantive political battles, thus hurting the movement. Secondly, the Gay rights movement in particular will be doomed if it is drawn into court action. Extend the Johnson 1993 evidence. The courts have empirically failed to bring about Gay rights reform. 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, which explains how any discrimination against gays and lesbians is the worst crime that is humanly possible, and that we have a moral obligation to stop this discrimination . The disad outweighs the case for the following reasons: 1. 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. 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
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2NC Overview Environment Scenario

Currently, the environmental movement has turned away from the Rehnquist Court. However, when you pass the plan through the courts, it will draw the environmental movement back to the court. This would doom the environmental movement because the courts cant implement their decisions. In fact, court action relating to the environment hurts rather than helps the environment. The implications for this are two fold. First, it turns solvency. Extend the first Rosenberg 1991 evidence. The court draws the _______ movement away from substantive political battles, thus hurting the movement. Secondly, the environmental movement in particular will be doomed if it is drawn into court action. Extend the second Rosenberg 1991 evidence. We need a strong, politically active environment to ensure planetary survival. The disad outweighs the case for the following reasons: 1. Magnitude passing the plan would collapse the environmental movement and with it the environment leading to the end of life on earth. 2. Probability the second Rosenberg evidence sites multiple ways that the courts would kill the environment and the environmental movement.
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2NC Overview Immigration Scenario

Currently, the immigration movement is strong because of grass roots involvement thats the Wells 2004 evidence. However, when you pass the plan through the courts, it will draw the immigration movement away from grass roots action towards court action. This would doom the immigration movement because the courts cant bring real victories. The implications for this are two fold. First, it turns solvency. Extend the Rosenberg 1991 evidence. The court draws the _________ movement away from substantive political battles, thus hurting the movement. Secondly, the immigration movement in particular will be doomed if it is drawn into court action. Extend the Johnson 1993 evidence. The courts have empirically failed to bring about immigration reform. Extend Griswold 2005, immigrants are key to our free-enterprise economy because they swell the labor ranks and fill jobs. Without immigration reform our economy would collapse. This would bring about the collapse of the world economy and result in massive nuclear wars that would collapse global civilization. The disad outweighs the case for the following reasons: 1. Magnitude passing the plan would end life on earth 2. Probability the Mead evidence sites two specific depressions as well as saying every country in the world would be severely hurt
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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.
2. Courts cant enact social change there are powerful restraints that are difficult to
overcome
Rosenberg, Associate Professor Political Science @ U Chicago Law 1991, Gerald N The Hollow Hope, p. 21
To sum up, the Constrained Court view holds that litigants
asking courts for significant social reform are faced with powerful constraints. First, they must convince courts that the rights they are asserting are required by constitutional or statutory language. Given the limited nature of constitutional rights, the constraints of legal culture, and the general caution of the judiciary, this is no easy task. Second, courts are wary of stepping too far out of the political mainstream. Deferential to the federal government and potentially limited by congressional action, courts may be unwilling to take the heat generated by politically unpopular rulings. Third, if these two constraints are overcome and cases are decided favorably, litigants are faced with the task of implementing the decisions. Lacking powerful tools to force implementation, court decisions are often rendered useless given much opposition. Even if litigators seeking significant social reform win major victories in court, in implementation they often turn out to be worth very little. Borrowing the words of Justice Jackson from another context, 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, 186).
3. Cross Apply the Johnson 93 evidence Court action would demobilize the immigration reform movement
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A2: Courts Help Movements Gay Rights

4. The Courts prevent social change by reducing mobilization
McDonnell, Law clerk to the Honorable Alex Kozinski, United States Ninth Circuit Court of Appeals, B.A. 1985, Williams College 1997 California Law Review, 85 CaliL L. Rev 919, July 1997, p. 935-936.
litigation. This does not require the personal involvement that mass action does. Instead, it relies on the efforts of a small number of lawyers and people helping them, and most of these people are compensated (monetarily) for their efforts. n95 Some people do have to pay for the lawyers, and that may involve a free-rider problem. 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, there is less personal risk, and since there is some benefit from an award of damages, the problem is therefore more easily [*9361 overcome. On the other hand, the psychic and social benefits from this sort of impersonal involvement may well also be less. The social benefits of participation are certainly less. The expressive benefits of giving money are presumably also less than those from marching or engaging in a sit-in. Litigation is a low-maintenance, low-energy form of action in comparison to mass movements.
At the other end of the spectrum of types of activism is
5. Movements are Key to bring about effective social change

Etzioni professor at George Washington University 1993, Amitai The spirit of Community 1993 Pg 267
This is only a beginning. This platform is but a point in dialogue, part of an ongoing process of deliberation. It should not be viewed as a
series of final conclusions but ideas for additional discussion. We do not claim to have the answers to all that troubles America these days. However,
If more and more Americans come forward and join together to form active communities that seek to reinvigorate the moral and social order, we will be able to deal better with many of our communities' problems while reducing our reliance on governmental regulation, controls, and force. We will have a greater opportunity to work out shared public policy based on broad consensus and shared moral and legal traditions. And we will have many more ways to make our society a place in which individual rights are vigilantly maintained, 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.
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A2: Courts Help Movements - Immigration

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.
overcome
3. Cross Apply the Johnson 93 evidence Court action would demobilize the Gay Rights movement
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A2: Courts Help Movements - Immigration

4. The Courts prevent social change by reducing mobilization

This is only a beginning. This platform is but a point in dialogue, part of an ongoing process of deliberation. It should not be viewed as a series of
final conclusions but ideas for additional discussion. We do not claim to have the answers to all that troubles America these days. However, we are heartened by
the groundswell of support that our initial efforts have brought to the communitarian perspective.
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A2: Courts Help Movements - Environment

1. 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.
overcome
3. Cross Apply the 2nd Rosenberg 91 card Court action would demobilize the environmental movement 4. Focusing on the courts eliminates popular support for the environmental movement
Werbach June 21, 2005, Adam In These Times
The three-part strategic framework for environmental policy-making hadnt 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 environmentalisms 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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A2: Courts Help Movements - Environment

This is only a beginning. This platform is but a point in dialogue, part of an ongoing process of deliberation. It should not be viewed as a
series of final conclusions but ideas for additional discussion. We do not claim to have the answers to all that troubles America these days. However,
we are heartened by the groundswell of support that our initial efforts have brought to the communitarian perspective.
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Uniqueness Generally Not Using Courts

LEFTIST ACTIVISTS INCREASING TURNING AWAY FROM THE COURTS
Devins, Goodrich Professor of Law and Lecturer in Government, College of William and Mary 2000, Neal Reanimator: Mark Tushnet and the Second Coming of the Imperial Presidency, UNIVERSITY OF RICHMOND LAW REVIEW v. 34, May 2000, p. 360.
How things change. Today,
the Left is increasingly skeptical of a judge-centered Constitution. In part, smarting from several Rehnquist Court defeats, progressives see elected government as more apt to embrace their agenda than the judiciary. Furthermore, much of the Court's salience as an agent for social change has been obliterated. 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.
Movements are turning away from the Rehnquist court

Devins, Goodrich Professor of Law and Lecturer in Government, College of William and Mary 1992, California Law Review, July, 80 Calif. L. Rev. 1027
The Hollow Hope, moreover, is perfectly timed. With civil
rights interests, women's groups, and environmentalists increasingly turning to elected government and away from the courts, Rosenberg delivers a provocative justification for such behavior and encourages more of it. If Rosenberg is correct and social reform can only be accomplished through political means, then the Rehnquist Court is a blessing in disguise for liberals. By refusing to play an affirmative countermajoritarian role, the Rehnquist Court may encourage populist initiatives. If Rosenberg is wrong and the courts play a vital role in reforming society, then the
complacency of the Rehnquist Court tragically negates a critical engine for social reform.
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LinkEach Decision Keeps The Hope Alive

Each liberal court decision keeps the hope alive, drawing movements in
Sarat, William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College 1998, Austin The Politics of Law, ed. Kairys, 1998, p. 98-99
Brown is an invitation to use the courts to carry on social struggle . Yet as attractive as that invitation has been, and continues to be, it is one contingently and variously taken up by disadvantaged persons and groups. The so called lure of litigation, while powerful, is by no means irresistible. 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, disadvantaged citizens have a complicated relationship to the promise of rights and the judiciary's role in the symbolic structure of liberal legality. They live in an approach-avoidance relation to courts. They feel the symbolic pull of law even as they simultaneously see through and around its mystifications. As Kristin Bumiller notes, 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. When the courts do side with the poor, the weak, and the vulnerable, they keep alive hope that law will matter to those with few other places to turn for help .
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Courts cant solve - General

Courts cant enact social change there are powerful restraints that are difficult to overcome
Court Action is Counterproductive and Undermines Movements

Broadwater, attorney and author 2002, Jeff Taking Its Toll: Partisan Judging and Judicial Review, THE JOURNAL OF APPELLATE PRACTICE AND PROCESS v. 4, Spring 2002, p. 62-63.
Rosenberg may be open to criticism for underestimating the social significance of transforming an illegal abortion into a [*63] legal one, but otherwise Roe fits well into the second prong of Rosenberg's argument: not
only can Court action be ineffective, judicial victories can ultimately be counterproductive. Litigation can siphon off resources that advocacy groups might better use elsewhere. Victories in court , especially at the Supreme Court, can lull litigants into accepting symbolic triumphs instead of continuing to work for grassroots change. By contrast, while a favorable Court decision can give the winning party a false sense of complacency, it can galvanize the losing side into finding ways outside the judicial system to circumvent the Court's ruling. Much of the decades-old scholarly debate about how and if the Supreme Court should promote reform, Rosenberg concludes, is, in reality, moot. Without the support of the public and the other branches of government, the Court can rarely serve as an effective instrument of change. n88
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Courts cant solve - General

COURTS WILL NOT PRODUCE A SOCIAL CONSCIOUSNESS SHIFT
Hirschl, law professor, University of Toronto 2004, Ran TOWARDS JURISTOCRACY, , p. 214 Indeed, as we have seen, national high courts seldom diverge on a long-term basis from national meta-narratives and the interests of hegemonic political forces. The rare exceptions to this pattern are not likely to transform a given politys formative metanarratives or to alter its historically rooted patterns of power inequalities. Furthermore, even occasional judicial deviations are not likely tot survive in the face of a more powerful political sphere.
COURT DECISIONS DO NOT LEAD TO SOCIAL CHANGE

Friedman, Fuchsberg Professor of Law, New York University School of Law 2004 , Jacob D, Barry UNIVERSITY OF CINCINATTI LAW REVIEW, Summer, pp. 1292-3 This same phenomenon can be seen in the way constitutional decisions play out in the world of action. Gerry Rosenberg's book The Hollow Hope is a study of whether reformist judicial decisions like Brown or Roe accomplish anything. The Hollow Hope is understood as a testament to how little judicial review actually can change life on the ground. But Rosenberg also may have been looking in the wrong place. Rosenberg looked in one direction, when the action might have been in another. Even accepting that Rosenberg was correct about change along the lines the Court's decision mandates, there is no gainsaying the reaction in the other direction. We have seen this progression from decision to dissent in a variety of places, in responses large and small. The Supreme Court says "do not pray in schools." Prayer continues to break out, appearing at football games, at student-led events, and "spontaneously" at school activities. The Supreme Court says "women have a right to choose to terminate a pregnancy, unimpeded during the first trimester and only regulated for medical reasons during the second." State laws are passed, some of which try cleverly to surmount this legal obstacle, others of which take it head on. One might debate whether these responses are appropriate, but at a purely descriptive level we can observe that similar reactions are common following the law-pronouncing function of the Supreme Court.
SUPREME COURT DECISIONS DONT SHAPE NATIONAL OPINIONS, THEY TRIGGER A BACKLASH
Friedman, Fuchsberg Professor of Law, New York University School of Law 2004 , Jacob D, Barry UNIVERSITY OF CINCINATTI LAW REVIEW, Summer, pp. 1292 Michael Klarman, a historian who has looked into this phenomenon, calls it "backlash." Political scientists also have noticed how opinion in reaction to a Supreme Court decision tends to solidify most among those who dislike it. Testing Bickel's (and perhaps we should say Eugene Rostow's) theory that the Supreme Court can serve as a national educator, a shaper of opinion, those political scientists have documented that rather than shaping opinion favorably, the Court's decision gives those who oppose it a reason to come together.
COURT ACTION FORCES THE MOVEMENTS TO FORGO OTHER OPTIONS

Rosenberg, Associate Professor Political Science @ U Chicago Law 1991, Gerald N The Hollow Hope, p.343 Social reformers, with limited resources, forgo other options when they select to litigate. Those options are mainly political and involve mobilizing citizens to participate more effectively.
COURT ACTION DRAINS MOVEMENT RESOURCESRosenberg, Associate Professor Political Science @ U Chicago Law 1991, Gerald N The Hollow Hope, p.334) In general, then, not only does litigation steer activists to an institution that is constrained from helping them, but also it siphons off crucial resources and talent, and runs the risk of weakening political efforts. In terms of financial resources social reform groups don't have a lot of money. Funding a litigation campaign means that other strategic options are starved of funds.
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Courts failreduce mobilization

The Courts prevent social change by reducing mobilization
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Court = Hollow Hope Brown Proves
Brown Didnt Cause Any Change It Was Blocked By Political Leadership, Southern Culture And There Was No Implementation
Rosenberg, Associate Professor Political Science @ U Chicago Law 1991, Gerald N The Hollow Hope, p.. 93.
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. First, political leadership at the national, state, and local levels was arrayed against civil rights, making implementation of judicial decisions virtually impossible. Second, the culture of the South was segregationist, leaving the courts with few public supporters. In
response, and after several tries at ordering change, the courts backed off and bided their time, waiting for the political and social climate to change. Third,
the American court system itself was designed to lack implementation powers, to move slowly, and to be strongly tied to local concerns. The presence of these constraints made the success for significant social reform virtually impossible. The fact that little success was achieved should have surprised no one.
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BROWN ONLY HAD LIMITED EFFECT ON SCHOOL DESEGREGATION
Devins, Goodrich Professor of Law and Lecturer in Government, College of William and Mary 2000, Neal Reanimator: Mark Tushnet and the Second Coming of the Imperial Presidency, UNIVERSITY OF RICHMOND LAW REVIEW v. 34, May 2000, p. 361.
Mark Tushnet is right. There
is good reason to doubt the efficacy of judicial review . 9 To start with, it is Brown v. Board of Education, 10 arguably the most important case in modern constitutional law. By itself, Brown accomplished next to nothing. In the decade following the decision, less actual desegregation occurred than in 1965 alone. The reason: In 1965, Southern school systems had financial incentives to desegregate. At that time, Congress made available millions of dollars in federal funds to nondiscriminatory public school systems. 11 Whether or not "the political landscape in the mid-1960s would have looked the same even if Brown had been decided differently," 12 it is quite clear that social and political forces, not judicial edicts, made school desegregation a reality.
not especially consequential. Take
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Legislative action spurred desegregation- Courts Brown Decision Did not
Rosenberg, Associate Professor Political Science @ U Chicago Law 2004
http://www.apsanet.org/imgtest/SubstitutingSymbolSubstance-Rosenberg.pdf
The Brown decision may have made a major contribution to furthering civil rights in two ways. First, and most straightforward, it could have directly ended racebased segregation in public schools. Second, perhaps more subtly, the decision could have indirectly contributed to change. Brown could have inspired individuals to act or persuaded them to examine and change their opinions about racial discrimination. The decision might have given salience to civil rights, in effect placing it on the political agenda. It might have provided legitimization to the civil rights movement and created pressure for government action. In other words, Brown might have served as a powerful symbol and resource for change. Given the praise accorded to the Brown decision, examining
its actual effects produces quite a surprise. 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. For example, in the 19631964 school year, barely one in 100 (1.2%) of these African-American children was in a non-segregated school. That means that for nearly 99 of every 100 African-American children in the South a decade after Brown, the finding of a constitutional right changed nothing. By the 19721973 school year, however, change did occur. In that school year over 91% of African-American children in the South attended an integrated school. Change came to Southern school systems in the wake of congressional and executive branch action. 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, many in the South. By the 19711972 school year, for example, federal funds comprised from between 12% and 27.8% of Southern state school
budgets, up from between 4.6% and 11.1% in the 19631964 school year. This combination of federal funding and Title VIgave the executive branch a tool to induce desegregation when it chose to do so. When the U.S. Department of Health, Education, and Welfare threatened to cut off federal funds from school districts that refused to desegregate, dramatic change occurred. By the 19721973 school year, over 91% of African-American school children in the 11 Southern states were in integrated schools, up from 1.2% in the 19631964 school year. With only the constitutional right in force in the 196364 school year, no more that 5.5% of African-American children in any Southern state were in school with whites. By the 19721973 school year, when economic incentives were offered for desegregation and costs imposed for failure to desegregate, in no Southern state were
It was the actionsof the Congress and the executive branch and not the courts that led to desegregation.3 Regarding indirect effects, little or no evidence supports the claims that Brown gave civil rights salience, pressed political elites to act, pricked the consciences of whites, legitimated the grievances of blacks, or inspired the activists of the civil rights movement. For example, press coverage of civil rights did not increase in a sustained way until the 1960s. In passing civil rights legislation Congress responded not to Brown but to electoral concerns in the 1950s, enhanced by the civil rights movement of the 1960s. Similarly, presidential action responded to credible threats of violence, not constitutional statements of principle. There is no evidence that Brown influenced public opinion nor,
fewer than 80% of African-American children in integrated schools. surprisingly, is there much evidence supporting the claim that Brown instigated the civil rights movement. That movement, particularly the courageous actions of the Student Non-Violent Coordinating Committee, the Southern Christian Leadership Conference (Dr. Kings organization), and the Congress of Racial Equality was independent of Brown, spurred on by the Montgomery bus boycott, Dr. Kings Ghandi-inspired Christian non-violent movement, and emerging African liberation movements. Indeed, all three groups were hostile to litigation as a strategy for change, a position that often brought them into conflict with the National Association for the Advancement of Colored People (NAACP) and its litigation-based strategy. The evidence suggests that Browns major positive impact was limited to reinforcing the belief in a legal strategy for change of those already committed to it.
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Movements Solve - 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, justice expo May 3, 2004, John Lexus- Nexis accessed 7/4/06
They want to end military involvement in Iraq, free the innocent from prison and help Americans understand why the USA Patriot Act chisels away at civil liberties. On Sunday, about 70 grass-roots and social organizations came together for the first-ever Omaha Peace and Justice Expo. The event drew hundreds to the University of Nebraska at Omaha for music, an interfaith prayer service and speeches. We hope to make this an annual event, said volunteer Stuart Williams of Omaha. The goal is not just an expo, but to have a variety of groups connect with each other. Organizations such as the Catholic Church and Amnesty International set up individual booths so visitors could grab leaflets and ask questions. We just want to let people know that Quakers are in town and quite active, said Frank Griffith, a member of the Omaha Quakers, another group represented. Quakers didn't die out. They still exist. On Sunday afternoon, Tim Butz, executive director of the American Civil Liberties Union Nebraska, led a discussion, Defending a Free and Open Society: Lincoln Speaks Out Against the Patriot Act. We see dangers of certain provisions of the Patriot Act, Butz said. We would hope everyone would be open-minded to ask their city to take a stand in defense of individual rights. The Patriot Act was signed into law in October 2001, following the terrorist attacks on American soil. Some provisions allow law enforcement to perform searches with no one present and delay notification of searches
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Movements Solve - General

Law Makers Often Adopt the Views of Interest Groups to Avoid Protests
The courts fail. social movements are the only way to get things done
Atlas Courting Racial Justice 1997, John http://www.nhi.org/online/issues/93/review.html While the authors of Our Town argue that the Mt. Laurel plaintiffs' judicial activism was rooted in the activist law practiced by the NAACP, which led to the historic Brown v. Board of Education case of 1954, there is little evidence Brown helped produce positive change, as Gerald N. Rosenberg documented in The Hollow Hope. Rather than promoting integration, Rosenberg found, the Brown decision hardened resistance to civil rights. Organized social movements not courts bring about dramatic social reform. As Rosenberg argues, segregation declined only when the civil rights movement pushed the Congress and president to act. The authors of Our Town mistakenly compare Ethel Lawrence with Rosa Parks, the black seamstress whose refusal to give up her seat to a white man on a Montgomery, Alabama bus helped to spark the civil rights movement. Parks, who had spent time at the Highlander Folk Center's training sessions for civil rights and labor activists, 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. Many people activated by the successful bus boycott from Dr. Martin Luther King to thousands of ordinary citizens went on to engage in other aspects of civil rights activism. These victories belonged to the people, not the lawyers. Rooted in Christian theology and Gandhian non-violence, not constitutional doctrine, the civil rights movement at its peak used litigation as only one of many tools in their strategic arsenal. "Whenever possible," King told reporters in early 1957, "we want to avoid court cases in this integration struggle."
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Court = Hollow Hope Roe Proves
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Courts trade off with congress
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A2: Rosenberg Wrong

Despite questionable methodology, Rosenberg is largely correct--judicial rulings have little influence on social change
Fallon prof. of Constitutional Law @ Harvard 2005, Richard H ,Harvard Law Review, April, 1 18 Harv. L. Rev. 1787; Lexis
To measure the authoritative legitimacy of judicial rulings, however, it does not suffice to look at the parties' responses. The effect
Rosenberg maintains that such celebrated Supreme Court decisions as Brown v. Board of Education and Roe v. Wade proved largely ineffectual as engines of social change. nl98 Judicial declarations may not achieve much, he argues, unless other officials implement the Court's message or citizens litigate on a national scale. Although critics have attacked both his methodology and his conclusions, n199 Rosenberg raises important issues about the broader effects of court decisions. n200 On a few points, the facts speak for themselves. Clearly the authoritative legitimacy of judicial decisions can be relative, rather than absolute . Regional variations also can occur. For [* 1 8321 at least a decade, Brown v. Board of Education met "massive resistance" through much of the South before sentiment hardened that recalcitrance should not be tolerated. n201 Years and even decades after the Supreme Court had declared officially sponsored prayer in public schools to be unconstitutional, n202 teacher-led prayers remained common in broad swaths of the country . n203
on other officials and the broader public also matters. In a well-known and provocative book, Gerald
HOLLOW HOPE IS SOLID LEGAL SCHOLARSHIP

Powe Jr., Anne Green Regents Chair, University of Texas, 1992, L.A Review Essay: The Supreme Court, Social Change, and Legal Scholarship, STANFORD LAW REVIEW v. 44, July 1992, p. 1616-1617.
The simultaneous publication of these two books offers an opportunity to review the adequacy of the present conventional wisdom. The books are written with very different styles and rely on very different arguments, 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. Hollow Hope examines the Court's actual influence in areas others have cited to support the prevailing view of a strong judiciary, and concludes that the evidence does not support the thesis. 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. Images is written by an established scholar, Lee Bollinger, Dean of the Michigan Law School. As befits a scholar of Bollinger's stature, Images is tightly argued and elegantly constructed. Hollow Hope is written by Gerald Rosenberg, an assistant professor of political science at the University of Chicago. Although just his first book, Rosenberg is well versed in his discipline's professional norms. Hollow Hope is overwritten and dull. n10 Yet, Rosenberg's
book represents legal scholarship as it ought to be practiced, with careful attention to facts as well as theory. Images, however, represents legal
scholarship as it is too often practiced, theorizing without concern for factual predicates. Hollow Hope discusses events I lived
Rosenberg carefully demonstrates his blockbuster thesis -- that a generation of scholars has significantly overstated the Court's influence because they have not paid enough attention to detail. Bollinger's Images is fertile material for the application of Rosenberg's argument; Images blithely
through and still care about intensely. [*1617] These events highlight the issues I have taught in my classes. concludes, on the basis of logic rather than experience, n11 that the Court must be profoundly influencing the news product. This review essay describes Rosenberg's Hollow Hope and examines the implication of its basic thesis as applied to Bollinger's Images.
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A2: Rosenberg Wrong

Rosenberg Critically Examines the Impact of the Judiciary His Analysis is Sound
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A2: State Co-opts the movement

State opposition to Grassroots Movements Only Builds the Movement
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Impact: Turns Solvency

Court Action Mobilizes Resistance To Social Movements Brown V Board Proves
Rosenberg, Associate Professor Political Science @ U Chicago Law 1991, Gerald N The Hollow Hope, p.. 105-106
there is little evidence that Brown helped produce positive change, there is some evidence that it hardened resistance to civil rights among both elites and the white public. I have documented how, throughout the South, white groups intent on using coercion and violence to prevent change grew. Resistance to change increased in all areas, not merely in education but also in voting, transportation, public places, and so on. Brown "unleashed a wave of racism that reached hysterical proportions" (Fairclough 1987, 21). 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. Just a few days before Brown was decided , for example, a U.S. House committee opened hearings on a bill introduced by Massachusetts Republican John W. Heselton to ban segregation in interstate travel. The bill died and Brown , Barnes concludes, "probably contributed to the demise " (Barnes 1983, 94). In hearings and floor debates on the 1957 Civil Rights Act,
Before I sum up the findings of this chapter, I think it is important to note that while Southerners repeatedly charged that the bill, aimed at voting rights, was a subterfuge to force school desegregation on the South (U.S. Cong., House 1957, 806, 1187; Cong. Rec. 1957, 9627, 10771). When Attorney General Brownell testified before a Senate committee on the 1957 bill, 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, Brown may actually have delayed the achievement of civil rights. Relying on the Dynamic Court view of change, and litigating to produce significant social reform, may have surprising and unfortunate costs.
use the armed forces to enforce desegregation (U. S. Cong., Senate, Hearings 1957, 214-16).
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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. Michael J Washington Quarterly, Lexis
A perceptual revolution of rising expectations might also exacerbate ethnic tensions in the United States and other diverse nations. Minority groups whose objective standard of living is increasing -- perhaps even relative to the majority -- might come to believe the opposite under a barrage of media focus on failures rather than success stories. These groups would press for additional benefits against strengthening resistance from a majority that saw no need for them. Internationally, a phenomenon of rising expectations and dashed hopes could serve to undermine U.S. power. Much of American influence comes from the example of optimism, dynamism, and energy we set for the rest of the world. It imbues American foreign policy with things like the attraction of American ideals, which magnify and in some cases replace the exercise of traditional military force. The American idea is indeed
conquering much of the world, a fact that is of utmost importance to our national security -- not to mention the freedom of literally billions of people in reforming countries trying to attain political and economic liberty. But how effective will our example be if Americans become increasingly cynical, pessimistic, and angry? Will a culture thoroughly infected with the Pessimism Syndrome still be one capable of spreading its example abroad?
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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 hadnt 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 environmentalisms 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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Impact: Biodiversity
Biodiversity Key To Preventing Extinction
Margoluis 1996
Richard Margoluis, Biodiversity Support Program, 1996, http://www.bsponline.org/publications/showhtml.php3?10
Biodiversity not only provides direct benefits like food, medicine, and energy; it also affords us a "life support system." Biodiversity is required for the recycling of essential elements, such as carbon, oxygen, and nitrogen. It is also responsible for mitigating pollution, protecting watersheds, and combating soil erosion. Because biodiversity acts as a buffer against excessive variations in weather and climate, it protects us from catastrophic events beyond human control. The importance of biodiversity to a healthy environment has become increasingly clear. We have learned that the future well-being of all humanity depends on our stewardship of the Earth. When we overexploit living resources, we threaten our own survival.
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Congress Solves Gay Rights Movement

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

The Gay Movement has turned away from the Rehnquist Court
Devins, Goodrich Professor of Law and Lecturer in Government, College of William and Mary 1992 Review Essay: Judicial Matters: The Hollow Hope: Can Courts Bring About Social Change? By Gerald N. Rosenberg, 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 government disregards activist decision-making. Federal
Ironically, 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." 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
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
responding to the will of the American people." n210 Other
The Gay Rights Movement Is being Killed By the courts New York and Georga Prove
Fausset and Barry, Times Staff Writers July 7, 2006, Richard and Ellen Latimes.com New York, Georgia Courts Rule Against Gay Marriage The gay-marriage movement suffered two major defeats on the state level Thursday, as Georgia's Supreme Court upheld an amendment banning the unions, and New York's highest court ruled that its state constitution did not grant same-sex couples the right to wed. Gay-marriage advocates found some solace that the New York ruling gave legislators the option of passing a state law allowing same-sex marriage. But taken together, the rulings represent a legal low point for gay-rights advocates, especially
compared with the peak of 2003 when the U.S. 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, marriage project director for the gay-rights group Lambda Legal. 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. They especially welcome the victories after the U.S. Senate last month did not approve a constitutional amendment banning same-sex marriages nationwide. 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. Lambda Legal and others argued that the ballot language appeared to ban gay marriages as well as gay civil unions. The attorneys said that was unfair to voters who might oppose gay marriage but support civil unions with some marriage-like benefits. Georgia's governor, Republican Sonny Perdue, had threatened to hold a special legislative session in August to reinstate the law if it was struck down in court. On Thursday, he expressed pleasure with the ruling. "The benefits of marriage, as defined by the people of Georgia, are afforded to a man and a woman," he said in a statement. 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. Compared with the Georgia ruling, New York's majority opinion, signed by three of the four assenting judges, offered meatier language to cultural conservatives. Judge Robert S. Smith wrote that limiting marriage to
heterosexuals was not solely based on prejudice. Because childbirth is a natural consequence of heterosexual unions, he wrote, lawmakers could find a special benefit in promoting stability in those relationships. Moreover, he said children generally thrived when raised by a mother and a father. "Intuition and experience suggests that a child benefits from having before his or her eyes, every day, living models of what a man or woman are like," he wrote. Smith rejected comparisons to miscegenation laws, which banned interracial marriage until 1967, when the Supreme Court struck them down as unconstitutional. In a strong dissent, Chief Judge Judith S. Kaye, joined by Judge Carmen Beauchamp Ciparick, condemned the majority decision as a step away from New York's "proud tradition of affording equal rights." Most New Yorkers, Kaye wrote, "can look back on, or forward to, their wedding as among the most significant events of their lives."
Mike Johnson, senior legal counsel for the conservative Alliance Defense Fund, said the New York ruling was particularly important because it was issued by one of the "more progressive courts" in the country.
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Gay Rights Uniqueness

Courts Deliver Double blow to The Gay rights Movement
Goldstein, Washington Post July 7, 2006 Amy Courts in 2 states reject gay marriage New York decision stuns advocates; Georgia ban upheld
The highest courts of New York and Georgia ruled yesterday that same-sex couples are not entitled to marry, delivering a double setback to gay rights advocates that leaves Massachusetts as the only state in which such unions are legal. The New York Court of Appeals ruled that a state law defining marriage as between a man and a woman is constitutional, finding that any new meaning for such an old institution would have to be written by the state Legislature, not the courts. The Georgia Supreme Court, meanwhile, upheld an amendment to that state's constitution, approved by three-fourths of Georgia voters, that prohibits gay partners from marrying or claiming benefits under a civil union. Coming hours apart in one of the country's most liberal states and in one of its most conservative, the two rejections of same-sex marriage demonstrate the intense hold the issue has taken across the nation's legal and political landscape -- and the difficulty proponents face in trying to alter the status quo.New York and Georgia were among eight states with pending litigation that gay rights activists targeted, 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, such marriages remain illegal in two -- Hawaii and Alaska -- with Massachusetts the only exception.
Georgia Court Kills Gay Marriage Hope

Capelouto 2006 Gay-Marriage Ban Gets Hearing in Georgia Court Susanna www.npr.org June 27, The Georgia State Supreme Court hears arguments in a case about Georgia's constitutional ban on same-sex marriage. Earlier this year, a judge struck down that ban on technical grounds. The ban was passed in an election two years ago by more than 70 percent of voters.
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Immigration Uniqueness
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Immigrant Rights Movement is Currently Succeeding Outside the Courts
New Jersey Civil Rights Defense Committee 2004
http://nyc.indymedia.org/newswire/display/134793/index.php Victory for immigrant rights movement, 12/6/2004,
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Immigration Link Magnifier 1 piece key
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Civil Rights Movt => Immigration Movement
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Immigration Grassroots Solves
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Immigration Link - Courts Cant Solve

The Supreme Court Itself Believes It Cant Achieve Immigration Reform
Langenfield 99 Amy Langenfeld, J.D. Candidate, Arizona State University College of Law, Arizona State Law Journal, Living in Limbo: Mandatory Detention of Immigrants Under the Illegal Immigration Reform and Responsibility Act of 1996, Fall, 1999, 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, for example, civil rights law, courts examining immigration laws have historically demonstrated reluctance to assert their protective role. Courts have relied on the plenary power doctrine to distance themselves from congressional authority over immigration policy . n160 In addition, agency freedom from judicial interference follows from Chevron, 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.
such as the Reform [*1067] Act. Although the
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Impact Immigration key to Economy

Immigrants take jobs that cant 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, Like it or not, we need him; Forcing immigrant workers in to the woods is no solution, July 10, 2005 The simple part is the economics: We have jobs that need doing, at salaries that not enough American citizens seem willing to accept. Immigrants take the jobs because they can make more money here for their families than they can in their home countries. And no border patrol can hold back the rising tide of human hope. So, like it or not, we need these workers (like the homeless Jason Gutierrez, above) to keep our economy going - to mow lawns, bus tables, wash dishes and do lowlevel construction. It's in construction that immigrant workers may pose an economic threat to carpenters and others. (The carpenters have the right approach: organizing the workers, not demonizing them.) But in most other areas,
immigrants are
just doing jobs that employers can't otherwise fill .
Suffolk County Executive Steve Levy, the most criticized Long Island official on this issue, argues that it should not be that way. "We don't need to engage in an illegal underground economy," he says. "That's surrender." But immigrant workers, documented and undocumented alike, are here in response to economic forces beyond the control of Levy, his critics or this page. And they are not going to go away. Even President George W. Bush, no liberal, says the economy is generating some jobs that American citizens are not filling. The reality is that simple.
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US Economy Key to Global Economy
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Impact Economy
Global Economic Downturn Causes Armageddon
Bearden 2000 Lt. Col, Tom Bearden, PhD Nuclear Engineering, April 25, 2000,
http://www.cheniere.org/correspondence/042500%20-%20modified.htm
Just prior
to the terrible collapse of the World economy, with the crumbling well underway and rising, it is inevitable that some of the weapons of mass destruction will be used by one or more nations on others. 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 . The reason is simple: When the mass destruction weapons are unleashed at all, the only chance a nation has to survive is to desperately try to destroy its perceived enemies before they destroy it . So there will erupt a spasmodic unleashing of the long range missiles, nuclear arsenals, and biological warfare arsenals of the nations as they feel the economic collapse, poverty, death , misery, etc. a bit earlier. The ensuing holocaust is certain to immediately draw in the major nations also, and literally a hell on earth will result. In short, we will get the great Armageddon we have been fearing since the advent of the nuclear genie. Right now, my personal estimate is that we have about a 99% chance of that scenario or some modified version of it, resulting.
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A2: Immigrants Take Jobs

Immigration is key to the economy by filling in jobs that American workers dont normally compete for
Griswold 2002
Daniel Griswold, associate director of the Cato Institutes Center for Trade Policy Studies, October 15, 2002, online: http://www.freetrade.org/pubs/pas/tpa-019.pdf, accessed July 16, 2005
Immigration benefits the U.S. economy by providing workers to fill gaps in the labor market. According to the segmentation hypothesis, immigrants tend to be disproportionately represented in occupations where the gap between the supply of workers and the demand for them is greatest, typically in the highest-skilled and lowest-skilled jobs. That hourglass shape of the immigration labor pool complements the native-born workforce, where a much larger share of workers falls in the middle range in terms of skills and education. As a result, immigrants do not typically compete for the kinds of jobs held by the vast majority of American workers . Instead, immigrants migrate to those segments of the job market where most Americans are either over- or underqualified.
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Immigration Impact: Terrorism

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

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

Immigration reform is a crucial step in the War on Terror
Garcia 2003
Sean Garcia, Americas Program, Interhemispheric Resource Center, http://www.lawg.org/docs/0308immig.pdf, August 2003
First, a
comprehensive immigration reform package that both legalizes the current illegal population in the would serve U.S. intelligence needs by providing data on millions of invisible residents in the country. Second, comprehensive immigration reform would lessen the burden on the Border Patrol by channeling the vast majority of migrants through legal ports of entry. This would then free up the Border Patrol to monitor the border for genuine terrorist activities. Third, reform that provided for legal entry into the country would eliminate the coyote industry by undercutting its income source, thus dispelling the administrations fear that coyote networks could be used by terrorists.
U.S and provides legal means of entry for future migrants Most importantly, 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, significantly reducing the hundreds of migrant deaths each year.
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Terrorism Impact
TERRORISM THREATENS THE SURVIVAL OF CIVILIZATION
Alexander 2003
Yonah Alexander, professor and director, inter-university for terrorism studies in Israel and the United States, August 28, 2003, Washington Times. Lexis-Nexis.
the international community failed, thus far at least, to understand the magnitude and implications of the terrorist threats to the very survival of civilization itself . 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. It is not surprising, therefore, that on September 11, 2001, 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. Likewise, Israel and its citizens, 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, 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]. Why are the United States and Israel, as well as scores of other countries affected by the universal nightmare of modern terrorism surprised by new terrorist surprises? There are many reasons, including misunderstanding of the manifold specific factors that contribute to terrorism's expansion, such as lack of a universal definition of terrorism, the religionization of politics, double standards of morality, weak punishment of terrorists, and the exploitation of the media by terrorist propaganda and psychological warfare. Unlike their historical counterparts,
contemporary terrorists have introduced a new scale of violence in terms of conventional and unconventional threats and impact. The internationalization and brutalization of current and future terrorism make it clear we have entered an Age of Super Terrorism [e.g. biological, chemical, radiological, nuclear and cyber] with its serious implications concerning national, regional and global security concerns. Two myths
in particular must be debunked immediately if an effective counterterrorism "best practices" strategy can be developed [e.g., strengthening international cooperation]. The first illusion is that terrorism can be greatly reduced, if not eliminated completely, provided the root causes of conflicts - political, social and economic - are addressed. 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, "give me liberty and I will give you death," should be tolerated if not glorified. 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, in violation of fundamental human rights of the noncombatant segment of societies. For instance, Palestinians religious movements [e.g., Hamas, 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, but its stated objective is to unite all Muslims and establish a government that follows the rule of the Caliphs.
[such as Jewish settlements, right of return, Jerusalem] but primarily to destroy the Jewish state. Similarly,
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Immigration Impact Conflict and War

Immigrant movements are key to avoiding ethnic based conflict and war
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Generic Movement Impacts

SOCIAL MOVEMENTS UNIQUELY SOLVE NUCLEAR, BIOLOGICAL AND CHEMICAL ANNIHILATION ALONG WITH ECOLOGICAL DESTRUCTION - THE SCENARIO IS URGENT AND ANY MISTAKES WILL BE IRREVERSIBLE
Leslie Paul Thiele, Prof. of Political Science at Univ. of Florida, 1993, ALTERNATIVES, " Making Democracy Safe for the World: Social Movements and Global Politics" Roskoski, 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, or the indefinite extension of the lives of national Leviathans whose reigns are secured by the mutual suspicions and competitive hostilities of their subjects. 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. Social movements indicate that this dilemma will remain unresolvable from any view point that posits fear as the foundation for politics, nation-states as the unrestricted arbiters of world affairs, and our interests as capable of being served only behind the aegis of a sovereign state that sponsors unlimited economic and military growth. The struggle to change the social and political conditions that allow, perhaps even dictate, a military balance of terror and unsustainable economics and lifestyles is marked by urgency. In such circumstances, where missteps and mishaps may be irreversible, the greatest part of wisdom consists in being wise in time.
SOCIAL MOVEMENTS PROVIDE THE BEST METHODS TO SOLVE THE ENVIRONMENTAL CATASTROPHE
Leslie Paul Thiele, Prof. of Political Science at Univ. of Florida, 1993, ALTERNATIVES, " Making Democracy Safe for the World: Social Movements and Global Politics" Roskoski, p. 295-296 //VT98-am As military, industrial, and technological powers increase along with the earth's population (which is expected to double in the nest sixty years), the failure to curb growth and remedy its diseases courts catastrophe. Democracy, members of social movements are saying, must become increasingly farsighted and foresighted as civilization becomes increasingly powerful, expansive, and interdependent. 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 - a foresight quite sufficient, given the environmental effects of their technology and population. In sum, 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. In opposition to this Hobbesian and Lockean legacy, movements encourage a view of politics as a trust. In its broadest sense, politics entails the responsibility of creating a participatory community with the mandate of ensuring a rising level of health, security and social justice. The elusive goal is both the establishment of security for all, future generations included, and the participation of all in the establishment of security. Traditional forms of governmental activity, movement members implicitly and explicitly argue, are often ill-disposed to achieve these ends. 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. By virtue of electoral dynamics and political culture, elected representatives operate with severely constrained temporal and spatial vision. Because transnational social movements (and international nongovernmental organizations in general) are neither nationally mandated nor tenure-limited bodies, they are will disposed to confront those concerns constituency representatives often find at odds with their political ambitions.
MOVEMENTS SAVE THE PLANET FROM ECO-DESTRUCTION

Paul Wapner, American University, 1994.. Global Civil Society, "Environmental Activism and Global Civil Society" \\ clw- 1 p. 393 //VT98-am Whether they disseminate an ecological sensibility by publicizing instances of environmental harm, rewrite the terms of good corporate conduct, challenge traditional understandings of development aid, or expand the notion of wildlife conservation to include sustainable life-styles, transnational environmental groups arc reshaping environmental action. They are discovering, or more accurately nurturing, a sphere of collective life that is, perhaps
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fortunately, resistant to government influence. As they attempt to identify and engage these opportunities, "saving the planet" becomes an exercise in world civic politics.
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Generic Movement Impacts

MOVEMENTS WILL SHAPE A NEW WORLD ORDER THAT RESOLVES GLOBAL POVERTY
Joseph Camilleri, professor politics, 1996, "Impoverishment and the National state", Earthly Goods: Environmental Change and Social Justice. edited by Hampson and Reppy//jah15 p. 153//VT98-am If economic and technological change is to be governed by criteria derived from a new normative consensus, then the state cannot be expected to be the prime mover in this process. A more likely outcome is that the state will function as the principal arena of conflict, a highly visible stage on which a range of competing values, interests, and organizational principles will contest the right to shape the emerging global political and economic order. How that contest unfolds, what particular form such globalism takes, 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. 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, it is entirely possible that the praxis of social and political movements, coupled with the twin processes of political integration and fragmentation, will set the stage for a cultural and institutional pluralism more attentive to the implications of global impoverishment and environmental breakdown.
EFFECTIVE SOCIAL MOVEMENTS SOLVE PEACE, ENVIRONMENT, POVERTY, CRIME AND DRUGS
Harold McDougall, Political Scientist, Catholic, 1989 (CORNELL LAW REVIEW, November, p. 119) In an important way, social movements have sought to create the shared republican values suggested by the Constitution and expressed more forcefully in the Declaration of Independence. Social movements cannot achieve a total incorporation of the civil community into their interpretive community. Social movements which simultaneously adhere to their principles and engage the civic community in dialogues, however, may alter the civil community's base-line assumptions on issues such as peace, the environment, poverty, the family, crime, drugs, and death.
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THE AFF SECTION
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2AC Frontline
1. NON-UNIQUE: SOCIAL MOVEMENTS ARE LITIGATING IN THE COURTS NOW
Richard Pacella, Political Science Professor, UC Berkeley, 2002 (THE ROLE OF THE SUPREME COURT IN AMERICAN POLITICS: THE LEAST DANGEROUS BRANCH, p. 1) Interest groups are far from absent from the deliberation in the courts. They are active in the process of selecting judges and justices. More directly, 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, some interest groups have becomes almost permanent fixtures in the Supreme Court and dominate an individual issue area. For instance, the American Civil Liberties Union has been a constant in First Amendment litigation, and the Legal Defense Fund of the National Association for the Advancement of Colored People dominated civil rights litigation. For decades, these groups had what amounted to control of their respective issue areas. More recently, though, the process has been thrown wide open with a proliferation of groups from all over the spectrum. Even if the system is skewed to a degree by the work of interest groups, a fuller range of groups is active in litigation.
2. TURN: COURT ACTION IS THE BEST WAY TO BRING ABOUT CHANGE

David Schultz, Law Professor, 1998 (LEVERAGING THE LAW: USING THE COURTS TO BRING ABOUT SOCIAL CHANGE, p. 181) What is critical about Brown, Roe, Baker and other similar decisions is how they reshaped choices, expectations, intuitions, and structures. In this respect, American politics was significantly different the day after these decisions because the Court granted legitimacy to certain claims, attached legal support or approbation to certain actions, or defined new roles for itself of for other intuitions to follow. In short, it created alternative political options: groups (e.g. blacks), as well as previously unrecognized expectations that were henceforth part of the status quo. As Ronald Coase has noted, the law does impose social costs and it does have an impact upon the market. 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, to mediate differences among us on the meaning or rules, and to enforce compliance with the rules.
3. NO IMPACT: PROGRESSIVES WILL FAIL IN THE CONGRESS

NATIONAL PUBLIC RADIO, 2001 (p. 11) But progressive groups are angry. They say that as the corridors of Congress have been closed off, access to lawmakers has shifted to the fund-raising circuit. Anna Aurilio lobbies for the US Public Interest Research Group, a progressive organization .Ms. ANNA AURILIO (Lobbyist): Some of the buildings were closed. We don't have access to staffers like we to. The big corporations and the campaign donors can go to the fund-raisers whereas the public is even more split than ever.
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2AC Frontline
4. NON-UNIQUE: THE COURTS HAVE RULED THAT GUANTANAMO DETAINEES HAVE THE RIGHT TO MEET WITH LAWYERS
CONNECTICUT LAW TRIBUNE, December 6, 2004, p. 17 Most recently, on Oct. 20, 2004, U.S. District Judge Colleen Kollar-Kotelly issued a stinging rebuke to the Pentagon, ruling that Guantanamo detainees have the right to meet with lawyers--without military intelligence eavesdropping. The decision addresses the rights of three prisoners who took their cases to the U.S. Supreme Court and won the right to challenge their detention in civilian courts. Each has been held by the United States for nearly three years without being charged with any crime.
5. NO LINK: THEIR MAIN AUTHOR, ROSENBERG, IS WRONG.

David Schultz, Law Professor, 1998 (LEVERAGING THE LAW: USING THE COURTS TO BRING ABOUT SOCIAL CHANGE, p. 191) Even if Rosenberg's covering-law model of explanation is the proper one to use to illuminate the impact of specific Court decisions, his methodology is inconsistently applied and undeveloped to generate the conclusions he wishes to support. For example, Paul Burstein argues that Rosenberg employs too few case studies to make his claim that the Court "almost never" effects social change. 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, what Rosenberg can conclude is that in X cases and under Y condition, the Court was unable to bring about Z types of social change.
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2AC Extensions-Uniqueness
MOVEMENTS MAKE WIDESPREAD USE OF THE COURTS NOW
Richard Pacela, Political Science Professor, Berkeley, 2002 (THE ROLE I:)F THE SUPREME COURT IN AMERICAN POLITICS: THE LEAST DANGEROUS BRANCH, p. 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. 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. Thus, the Supreme Court has helped to create and nourish legal mobilization. The other branches of government have aided the prospects for legal mobilization and helped the support structure flourish. Congress has aided the process by passing legislation that makes it easier to use the courts for the redress of grievances, 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, through the Solicitor General, who argues cases for the U .S, government, has acted as m amicus curia and as a party to the rights of groups and individuals. The assistance of the elected branches suggest a democratic element to the construction and maintenance.
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2AC Extensions- Turn

THERE ARE SIX WAYS THE COURTS CHANGE GOVERNMENT CONDUCT
John C. Roberts and Erwin Chemerinsky, Professor of Law and Dean Emeritus, DePaul University College of Law. , Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science, University of Southern California, CALIFORNIA LAW REVIEW, December 2003, p. 684-5 First, 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. The most obvious example is when the court refuses to issue a ruling. In the Pentagon Papers case, for instance, the Court refused to enjoin the publication of a study of the United States involvement in the Viet Nam War. No further action of any government official was necessary and yet government policy changed. Second, there are those instances where the judiciary can fully enforce a court's decision through its power to dismiss future cases. For example, if the Supreme Court declares unconstitutional a criminal statute, then the judiciary can enforce that decision simply by dismissing any future prosecutions brought under the law. The Court, by definition, has changed governance by altering the law and by ending a set of criminal prosecutions. A simple illustration of this is the Supreme Court's recent decision in United States v. Lopez, invalidating a federal law making it a crime to have a firearm within one thousand feet of a school. The federal government will no longer use that statute. If the government tried to enforce it, then any court would dismiss the case. The judiciary could enforce the Supreme Court's decisions invalidating laws prohibiting the use of contraceptives and forbidding abortion just as effectively. The courts simply could dismiss any future prosecutions brought under these laws. Third, some Supreme Court decisions uphold the constitutionality of laws or government practices that encourage government action. By stepping aside, the Court encourages other governments to act in the same manner. A Supreme Court decision upholding a local ordinance might encourage other cities to adopt similar laws. In that way, the Court's ruling will change government. If the Court had upheld Richmond, Virginia's affirmative action program, then it might have encouraged other cities to adopt similar set-aside programs. Fourth, there are Court decisions that require compliance by others in government, but that the judiciary can enforce through its contempt power. This is typified by the classic negative injunction. The court issues an injunction and punishes violations by contempt. Usually, the threat of contempt is sufficient to gain the government's compliance. If an employer is sued for using a racially discriminatory test in hiring, then the court, upon finding a violation of the law, can enjoin future use of the test. If the employer is recalcitrant and continues to use the test, then the court can hold the employer in contempt of court. Fifth, there are Court decisions that are enforced through the award of money damages that are likely to change government conduct. An obvious example is the law of the Takings Clause. If the Supreme Court were to hold that a taking occurs whenever a government regulation decreases the value of a person's property, then the judiciary could enforce this by awarding money damages in the future. There is no doubt that this would profoundly alter government as it would have to pay compensation for a wide array of laws, from zoning statutes to environmental regulations. More generally, damages can deter wrongful government conduct. Section 1983 litigation has as part of its purpose deterring government from violating constitutional rights. For instance, the possibility of money damages for sexual harassment provides strong encouragement for government employers to refrain from such behavior. Sixth, there are Court decisions that require substantial actions by government in compliance and implementation and therefore continuing judicial monitoring and enforcement. The most obvious example is the school desegregation litigation. 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 the court could impose contempt. Although there was a period of massive resistance in the mid-1950s, compliance with the court orders was obtained in a relatively short period of time. Desegregating schools, however, was a far more daunting challenge because it required affirmative steps ranging from changing pupil assignments, to redrawing attendance zones, to busing. The above six categories are not exhaustive, but they are instructive of the many ways in which courts can change government. In some of the categories, there is a very high likelihood that judicial action will succeed in altering government conduct. Denying the government an injunction or invalidating a criminal statute virtually always will succeed in changing government behavior. In some of the categories government compliance is less certain. When the Court awards money damages against the government, particularly against the federal government, there is relatively little that the judiciary can do except hope for voluntary compliance. When the Court issues an affirmative injunction, such as for school desegregation, compliance might be a more lengthy and uncertain process. Those who criticize the impact of Court decisions tend to pick their examples from the most problematic categories. Recognizing the range of situations where the judiciary can change government helps in properly assessing the ability of courts to make a difference.
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2AC Extensions-Turn
COURT ACTION SPURS LEGISLATIVE ACTION
David Schultz, Law Professor, 1998 (LEVERAGING THE LAW: USING THE COURTS TO BRING ABOUT SOCIAL CHANGE, p. 182) Rosenbergs assumptions about time and process are similarly puzzling. Part of the response of the political process involves a sequence of steps that includes ascertaining whether a problem needs to be dealt with, developing a coalition, and determining what steps will prove useful and will be supported. There is a good deal of testing of the waters, not over a single up or down proposition, but about methods. That process, legislatively involving 535 people in Congress formally, and many more informally, cannot be performed instantly. 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. Again, 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.
ROSENBERGS CLAIM IGNORES THE FACT THAT THE COURTS DID MORE TO PROTECT ABORTION RIGHTS THAN THE LEGISLATURES EVER WOULD HAVE
John C. Roberts and Erwin Chemerinsky, Professor of Law and Dean Emeritus, DePaul University College of Law. , Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science, University of Southern California, CALIFORNIA LAW REVIEW, December 2003, p. 684-5 Professor Tushnet and others focus on whether social changes would have occurred even without judicial decisions. In other words, the analyst concedes that social change happened and that it followed a Supreme Court decision, but then argues that the reform would have occurred even without the Court's ruling. For example, in The Hollow Hope, Professor Rosenberg argues, in part, that there was a trend toward increased numbers of legal abortions even before Roe v. Wade. The difficulty with such arguments is that they are projections of a world that never existed. There certainly are possible scenarios where legislatures might have done what courts accomplished. It is conceivable that state legislatures would have loosened restrictions on access to abortion if Roe had not invalidated such laws. But it also is conceivable that as pro-choice forces gained political strength, anti-abortion groups would have mobilized, just as they did after Roe. Analysis of trends could support all sorts of imagined scenarios. It is questionable what is gained by the exercise or how much it can ever demonstrate that court action is unnecessary. Also, a key problem with such projections is that they often fail to account for time or geography. Roe v. Wade made abortion legal in 1973 for the entire country. How long would it have been before abortion was legal everywhere in the nation without this decision?
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2AC Extensions-Progressive Decisions

PROGRESSIVE SOCIAL POLICIES WILL NEVER BE IMPLEMENTED IN THE UNITED STATES
Vada Waters Lindsey, Law Professor, Marquette, 2001 (FLORIDA TAX REVIEW, v. 5, pp. 1973-4) The apparent failure of socialism, related political movements, and associated public policies to thrive in the United States fizzled political sociologists for almost two hundred years. Karl Marx and Frederick Engels spent considerable intellectual energy first exploring whether the United States was fertile soil for communism, and then explaining why movements in that direction were not forthcoming. Werner Sombarts 1906 book, Why is There No Socialism the United States? remains a social science classic both in the United States and Europe. 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. Lipset and other contemporary scholars highlight both the weaknesses of the socialist parties and the weaknesses of social democratic policies in e United States. Americans, they agree, neither vote in significant numbers for a socialist party nor support to a significant degree the policies championed by social democrats. 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, adequate incomes and other basic goods needed for human flourishing.
THERE WILL NEVER BE ANY SUPPORT FOR PROGRESSIVISM IN THE U.S

Vada Waters Lindsey, Law Professor, 2001 (FLORIDA TAX REVIEW, v. 5, p. 1976) Nonetheless efforts by progressives and others to refine further justifications for constitutional visions do make some politic I sense, even when diminished political returns are taken into consideration. Social democracy does not exist in the United States because most Americans accept more capitalistic norms. The United States would be a more egalitaritarian society if Antonin Scalia, Ruth Bader Ginsburg, Albert Gore, George W. Bush, and most American citizens could be persuaded that the Constitution obligates the government to adopt more progressive policies.
RADICAL MOVEMENTS WILL BE COOPTED

Vada Water Lindsey, Law Professor, 2001 (FLORIDA TAX REVIEW, v. 5, p. 1981) Institutional analysis plays crucial roles in more general analyses of why there is no social democracy in the United States. Sombarts seminal study places great emphasis on the two-party system. A strong labor party did not develop in the United States, in his view, 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. 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.
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2AC Extensions-Rosenberg has problems

ROSENBERG IGNORES CHANGES THAT OCCUR UNDER THE RADAR
Davit Schultz, Law Professor, 1998 (LEVERAGING THE LAW: USING THE COURTS TO BRING ABOUT SOCIAL CHANGE, p. 180) In order to measure the power of the Court, it is first necessary to define it and figure out how it can be measured. These are not trivial problems and they have created tremendous problems with Rosenberg's study. Rosenberg's definition of influence ignores the power of silence and mishandles the significance of numbers and assumptions. He assesses that influence is public, expressed, and visible: People say they are influenced. Or we can trace the sequence of influence by tracing statements and pressure. Or their behavior reflects it by alternation to follow precedent. Influence can be watched. 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. Politicians are not big on footnotes.
ROSENBERG UNDERESTIMATES THE VALUE OF SMALL CHANGES

David Schultz, Law Professor, 1998 (LEVERAGING THE LAW: USING THE COURTS TO BRING ABOUT SOCIAL CHANGE, p. 180) Perhaps more significant, politics is often a game of inches. Small changes can be magnified politically from the impossible to the invincible. Lacking entirely in Rosenberg is the sense that politics is a game of percentages. It is simple: categorically unhelpful to be told what most people thought. 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, and a large percentage of districts were not considered safe. Small changes in view of that context could move mountains. Expectations of small changes could be very significant. By that definition, a mere 5% of the voters holds the power. By extension, a factor of no significance to the vast majority of the population can dominate the political agenda by influence that critical 5%. Often ethnic groups are carriers of just such political dynamite. It is not necessary that we document the power of the court on large numbers. A few will do.
ROSENBERGS BOOK DOESNT FACTOR IN LOWER COURTS

John C. Roberts and Erwin Chemerinsky, Professor of Law and Dean Emeritus, DePaul University College of Law. , Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science, University of Southern California, CALIFORNIA LAW REVIEW, December 2003, p. 681 Assessing the desirability of judicial review requires accounting for the countless decisions by courts other than the Supreme Court, throughout history and now, that enforce the Constitution and invalidate constitutional violations by governments and government officials. Some of the most egregious actions never make their way to the Supreme Court once lower courts have struck them down. 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
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2AC some more Random Answers

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

SOME SPECIES ARE IRRELEVANT TO ECOSYSTEM HEALTH
Lawrence Johnson, Flinders University A MORALLY DEEP WORLD, 1991, p.166 (MHHAR3472) The fact remains that some species are not at all important to the functioning of the biosphere. For instance, some species occur only in very restricted areas. When the Tasmanian Hydro-Electric Commission flooded beautiful Lake Pedder in South-West Tasmania (in 1972), they exterminated seventeen species of plants and animals. Their absence caused no material harm to any human. Perhaps they were vital to their own tiny ecosystem, but that ecosystem as a whole was destroyed without material injury to human interests.
NO INTRINSIC VALUE TO ECOSYSTEMS -- NOT CRITICAL TO SURVIVAL

Lawrence Johnson, Flinders University, A MORALLY DEEP WORLD, 1991, p.257 (MHHAR3473) So long as there is a strong enough life-support system to maintain human life, and so long as there are enough unique and beautiful things to satisfy human desires, there is no practical need for us to concern ourselves with the fate of minor ecosystems and species that are useless to us. We have already managed to dispense with many species, and with many complete but (in our own selfish terms) unimportant ecosystems, all without ill effects. Nobody really needs the snail darter. The fact is that a partially degraded biosphere can be quite comfortable.
EXTINCTIONS CREATES SPACE FOR NEW AND BETTER SPECIES

David Raup, University of Chicago Comparative Zoology Ph.D., EXTINCTION: BAD GENES OR BAD LUCK, 1991, p.187 (MHHAR3474) In Chapter 1, I suggested that without species extinction, biodiversity would increase until some saturation level was reached, after which speciation would be forced to stop. At saturation, natural selection would continue to operate and improved adaptations would continue to develop. But many of the innovations in evolution, such as new body plans or modes of life, would probably not appear. The result would be a slowing of evolution and an approach to some sort of steady-state condition. According to this view, the principal role of extinction in evolution is to eliminate species and thereby to reduce biodiversity so that space -- ecological and geographic -- is available for innovation.
HUMAN EVOLUTION PROVES THE VALUE OF EXTINCTIONS

David Raup, University of Chicago Comparative Zoology Ph.D., EXTINCTION: BAD GENES OR BAD LUCK, 1991, p.191 (MHHAR3475) I conclude, therefore, that extinction is necessary for evolution, as we know it, and that selective extinction that is largely blind to the fitness of the organism (wanton extinction) is most likely to have dominated. As Stephen Jay Gould and others have emphasized, we probably would not be here now if extinction were a completely fair game.
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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, Out of the Closets and Into the Courts: Legal Opportunity Structure and Gay Rights Litigation.) pg. 218 (PDCL1627) My analysis suggests that Rosenberg's conclusion may be too bleak; 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. 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. Legal and political opportunity structures, while distinct, are interdependent, and my study of same-sex marriage litigation indicates that courts too far in the vanguard of social change will find their rulings ignored, evaded, or overturned. In the end, I would argue that Rosenberg's metaphorical use of the word flypaper to describe litigation is inaccurate. Instead I suggest that litigation is a match. When struck, it is unpredictable. It may fizzle out, especially in the rain. It is always dangerous. And it can, under the right circumstances, light a path out of the darkness.
WIDESPREAD USE OF THE COURTS NOW

Richard Pacela, Political Science Professor, Berkeley, 2002 (THE ROLE I:)F THE SUPREME COURT IN AMERICAN POLITICS: THE LEAST DANGEROUS BRANCH, p. 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. 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. Thus, the Supreme Court has helped to create and nourish legal mobilization. The other branches of government have aided the prospects for legal mobilization and helped the support structure flourish. Congress has aided the process by passing legislation that makes it easier to use the courts for the redress of grievances, 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, through the Solicitor General, who argues cases for the U .S, government, has acted as m amicus curia and as a party to the rights of groups and individuals. The assistance of the elected branches suggest a democratic element to the construction and maintenance.
COURT ACTION IMPORTANT FOR REDRESSING WRONGS EVEN IF IT DOESN'T SPUR SOCIAL CHANGE
Erwin Chemerinsky, Professor of Public Interest Law, Legal Ethics, and Political Science, University of Southern California, Michigan Law Review, May, 2000, 98 Mich. L. Rev. 1416, p. 1428 (MHHARV5500) Third, the question assumes that litigation and decisions are to be evaluated in terms of their resulting social change. At the very least, this requires deciding what social changes are relevant as a measure of success; but who is to decide what is relevant? Also, for many reasons, focusing on whether court decisions cause social change is an incomplete inquiry. Even if court decisions brought about no social change, they still might serve enormously important ends. Perhaps most importantly, court decisions can provide redress to injured individuals. Even if laws forbidding employment discrimination are shown to have had little net impact in eradicating workplace inequalities, the statutes still serve a crucial purpose if they provide compensation to the victims of discrimination. Similarly, even if tort law does not succeed in deterring dangerous products and practices, it can be successful in compensating innocent victims.
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Wake Forest Debate 2006-07: 1NC and 2NC Briefs on Courts and Social Movements

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Wake Forest Debate 2006-07: 1NC and 2NC Briefs on Courts and Social Movements

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Wake Forest Debate 2006-07