dcivil rights movement. But on <strong>the</strong> whole, <strong>the</strong> DemocraticParty led <strong>the</strong> charge for civil rights and had begun <strong>to</strong> doso with Roosevelt and Truman. And <strong>the</strong> Republicans werefighting <strong>the</strong> rear guard.LD: Why did you care?DB: When my family left Illinois, before we moved <strong>to</strong>Fuller<strong>to</strong>n, which is a fairly nice Orange County suburb, wemoved <strong>to</strong> Comp<strong>to</strong>n. And I went <strong>to</strong> junior high school inComp<strong>to</strong>n, California. That was a sea change.LD: Were you in shock wondering what happened or didyou embrace it?DB: I embraced it. It was interesting. It was different.Comp<strong>to</strong>n at that point was a very racially integrated <strong>to</strong>wn and<strong>the</strong> relationships between races were not always smooth.But <strong>the</strong>re were things you learned when you grow up with“What I have <strong>to</strong> do is change people’sminds. You very rarely change people’sminds yelling at <strong>the</strong>m. … You have <strong>to</strong>talk <strong>to</strong> <strong>the</strong>m. That’s one of <strong>the</strong> thingsI do, I talk <strong>to</strong> <strong>the</strong> jurors.”people I think of any race, or any group of human beings.You realize how much <strong>the</strong>y are like you and you are like<strong>the</strong>m. And how really insignificant <strong>the</strong> differences are.dAnd<strong>the</strong>n you grow up playing, going <strong>to</strong> school with, fightingAfrican-Americans, you just naturally accept <strong>the</strong>ir equality.LD: Were <strong>the</strong>re any specific instances that led <strong>to</strong> your awakeningon <strong>the</strong> issue of civil rights?DB: Sometimes things happen that you remember extremelywell years later. I was on <strong>the</strong> debate team and we had adebate <strong>to</strong>urnament. We drove 20,000 miles debating intwo years, almost all of it by car. And at <strong>the</strong> school <strong>the</strong>rewere all races. And everyone was integrated, I don’t thinkanyone felt discriminated against. It was California, thingswere different.And we were driving back from a debate <strong>to</strong>urnament inAlbuquerque, New Mexico. And we s<strong>to</strong>pped <strong>to</strong> get something<strong>to</strong> eat in Arizona on old Route 66. And this café, wewere walking up and <strong>the</strong>y had in <strong>the</strong> window <strong>the</strong>se red,white and blue posters ex<strong>to</strong>lling <strong>the</strong> spirit of ‘76, warningabout <strong>the</strong> dangers of international Communism, and <strong>the</strong>nyou come <strong>to</strong> <strong>the</strong> door and over <strong>the</strong> door <strong>the</strong>re’s a woodensign that says “No colored trade solicited.”LD: That must have come as a shock <strong>to</strong> you after your yearsin California.DB: I knew that in <strong>the</strong> South things were still segregated,<strong>the</strong>re was racial tension and racial discrimination. But Ialways associated that with <strong>the</strong> South. I didn’t associatethat with <strong>the</strong> West. That was in <strong>the</strong> spring of 1962. And<strong>the</strong>n that fall, I left <strong>to</strong> go <strong>to</strong> law school. I started law schoolat Northwestern.I drove my wife and two children from Redlands <strong>to</strong> Chicagonons<strong>to</strong>p because we didn’t have enough money for ahotel room. And by <strong>the</strong> time we got <strong>to</strong> Chicago, we werea little disheveled. One of <strong>the</strong> professors who had inter<strong>view</strong>edme had arranged an apartment for me <strong>to</strong> rent at <strong>the</strong>Old Towns Gardens. So I went <strong>to</strong> <strong>the</strong> rental office, <strong>to</strong> sign<strong>the</strong> papers, and Caryl stayed in <strong>the</strong> car with <strong>the</strong> childrenbecause A, she didn’t want <strong>to</strong> wake <strong>the</strong> children, and B, shedidn’t feel she looked all that presentable after 40 hours in<strong>the</strong> car.So I went in and said I was <strong>the</strong>refor <strong>the</strong> apartment. And <strong>the</strong> rentalagent starts <strong>to</strong> talk and talk, asksif my wife is OK, I say, “She’s fine,she’s with <strong>the</strong> children.” They ask ifshe would like <strong>to</strong> come in for a cupof coffee. And it went on like thatfor eight or 10 minutes. “Wouldyou like me <strong>to</strong> go out and see howshe is?”And, you know, I’m thinkingI just need <strong>to</strong> get my kids <strong>to</strong> bed.So finally, she says, “I hate <strong>to</strong> have<strong>to</strong> ask this, and if it was just me Iwouldn’t ask, but I have <strong>to</strong> ask is your wife colored?”And I said, “Why do you ask?” And she said, “I reallyneed <strong>to</strong> ask.” And I said, “Does that mean if she is coloredwe can’t rent <strong>the</strong> apartment?” She replied, “I really need <strong>to</strong>ask if she’s colored or not.”You sort of think about all sorts of responses, whe<strong>the</strong>ryou want <strong>to</strong> stand on principle. I had two small childrenand a very tired wife, so I said, “No she’s not,” and <strong>the</strong>y gaveme <strong>the</strong> apartment.That in combination with what had happened in <strong>the</strong>spring in New Mexico really got me thinking. This wasn’teven Arizona, this was in Illinois. I’d grown up in Illinois,<strong>the</strong> Land of Lincoln. I didn’t expect <strong>to</strong> find that. Now, onceyou learn more about <strong>the</strong> world you expect <strong>to</strong> find <strong>the</strong>sethings. But in those days I was naïve enough <strong>to</strong> think thatkind of racism was limited <strong>to</strong> particular parts of America.I began <strong>to</strong> get active in <strong>the</strong> civil rights movement when Iwas at Northwestern and continued at Yale. By <strong>the</strong> time Iwent down <strong>to</strong> Mississippi later in <strong>the</strong> ‘60s, I just didn’t feelcomfortable in <strong>the</strong> Republican Party.LD: During those years, <strong>the</strong>re was an in teresting transformationin <strong>the</strong> <strong>view</strong> of <strong>the</strong> role of law. I’m curious <strong>to</strong> hearabout <strong>the</strong> development of your belief that you could use <strong>the</strong>law as a <strong>to</strong>ol <strong>to</strong> bring about social change and better yourL A W D R A G O N 196 I s s u e 13
life. It sounds like that <strong>view</strong> – and your career – is veryfirmly rooted in <strong>the</strong> civil rights movement.DB: It was a <strong>to</strong>ol. It was something <strong>to</strong> use. Years ago someonewas writing about me and managed <strong>to</strong> go back and get<strong>the</strong> Yale Law School <strong>to</strong> look at a copy of my application, and<strong>the</strong>re was a question why I wanted <strong>to</strong> go <strong>to</strong> Yale LawSchool. And I said I want <strong>to</strong> go <strong>to</strong> law school because I want<strong>to</strong> be a lawyer and I can’t be a lawyer unless I go <strong>to</strong> lawschool. And I want <strong>to</strong> be a lawyer because law is <strong>the</strong> wayyou we change society. Law determines who you can marry,where you can live, what kind of jobs you can do. If youwant <strong>to</strong> make changes <strong>the</strong>re, you’ve got <strong>to</strong> be a lawyer.I’ve always believed that one of <strong>the</strong> great things about beinga lawyer is you have an opportunity <strong>to</strong> really make avery comfortable living. At <strong>the</strong> same time, it allows you <strong>to</strong>make a real contribution <strong>to</strong> society and really make change.The opportunity is <strong>the</strong>re.LD: Do you think that was a new perspective starting in <strong>the</strong>‘60s or it became more heightened?DB: It’s become more heightened. There were always peoplewho had that <strong>view</strong>, but I think it became more heightened.When I was growing up in <strong>the</strong> ‘50s, Perry Mason was a lawyer.You weren’t doing social engineering. By <strong>the</strong> time I go<strong>to</strong>ut of law school I was very much committed <strong>to</strong> using <strong>the</strong>law, and it’s proven <strong>to</strong> be a very powerful <strong>to</strong>ol.There were a lot of failures on <strong>the</strong> way, but civil rightscould not have succeeded without law, without lawyers and<strong>the</strong> courts. In 1986, I sued <strong>the</strong> Republican National Committeeon behalf of <strong>the</strong> DNC and got a permanent injunctionagainst <strong>the</strong> RNC targeting minorities. Those thingsmake a difference.LD: You’ve done so much for a kid from Marengo becauseof your ability <strong>to</strong> understand <strong>the</strong> law and use it <strong>to</strong> shapechange in <strong>the</strong> lives of people. Think of this: Gay marriagewill be legal in our lifetime – and is now in a lot of places.And that is directly because of your willingness <strong>to</strong> challenge<strong>the</strong> government when appropriate and defend it whenthat’s appropriate. You have created a broader definition ofwhat it is <strong>the</strong> law is intended <strong>to</strong> do.DB: I think that’s right. It’s very rewarding <strong>to</strong> see <strong>the</strong>lives of people that are changed. Sometimes like <strong>the</strong>Prop. 8 case, and <strong>the</strong> work in Mississippi, you see a realhuman face. Sometimes like with <strong>the</strong> injunction, youdon’t see <strong>the</strong> effect on an individual, but you see <strong>the</strong> ability<strong>to</strong> preserve fairness in <strong>the</strong> election process. Sometimeslike in <strong>the</strong> case where we’re suing <strong>the</strong> government onbehalf of Starr International, a landmark case on behalfof Starr as a shareholder of AIG claiming <strong>the</strong> governmentwrongfully <strong>to</strong>ok over <strong>the</strong> company during <strong>the</strong>financial crisis, what we’re really saying is <strong>the</strong> governmentis not above <strong>the</strong> law. That is a proposition thatwhile you don’t see a human face immediately, it affects<strong>the</strong> relationship of <strong>the</strong> government <strong>to</strong> all citizens. And itsays every single citizen has <strong>the</strong> legal right <strong>to</strong> protect<strong>the</strong>ir property. And no matter how well meaning, <strong>the</strong>government can’t go around that.In <strong>the</strong> Westmoreland case, we defended Mike Wallaceand CBS against a libel claim from General Westmorelandwho, <strong>the</strong>ir reporting showed, had not accurately reported<strong>the</strong> situation in Vietnam in order <strong>to</strong> maintain public supportfor <strong>the</strong> war. That was a case at <strong>the</strong> time it was broughtthat if you go back and look at <strong>the</strong> attacks on <strong>the</strong> media,<strong>the</strong> Accuracy in Media group had drawn a huge map on <strong>the</strong>media and funded all <strong>the</strong>se lawsuits, libel lawsuits. And itall s<strong>to</strong>pped after we won <strong>the</strong> Westmoreland case.LD: That’s similar <strong>to</strong> what we’ve seen with gay marriage.DB: Well, a lawsuit can do that. It can pull something out,expose it. And it requires people <strong>to</strong> get up on <strong>the</strong> witnessstand and be cross examined, calls <strong>the</strong>m <strong>to</strong> account. LikeDavid Blankenhorn, who was <strong>the</strong> only witness in support ofProp. 8, yet he couldn’t even say what <strong>the</strong> harm was ofallowing gay couples <strong>to</strong> marry. Did you read his op-ed in<strong>the</strong> New York Times? He wrote about now he supports gaymarriage and <strong>the</strong> good it can do.LD: After you destroyed him on cross-examination.DB: And that is a transformation. And it is going <strong>to</strong> effectpeople. The more people come out like that, <strong>the</strong> more o<strong>the</strong>rpeople begin <strong>to</strong> rethink <strong>the</strong>ir positions.LD: Hopefully <strong>the</strong>re will be far fewer instances of people askingif <strong>the</strong>re’s a man or woman waiting for you in <strong>the</strong> car.DB: That’s right. What’s <strong>the</strong> sex, what’s <strong>the</strong> race, what’s <strong>the</strong>religion? All <strong>the</strong> kind of things that distinguish humanbeings, which do not effect or limit <strong>the</strong>ir humanity.LD: One of <strong>the</strong> things that’s so <strong>to</strong>uching about you and yourapproach <strong>to</strong> <strong>the</strong> law: You always at <strong>the</strong> end of <strong>the</strong> day saylets bring this <strong>to</strong> court, put aside <strong>the</strong> craziness and let’s talkabout what this is really about.DB: That’s absolutely right. Particularly in <strong>the</strong> kind of casesthat I bring. If I were a screamer kind of guy, it would bevery hard <strong>to</strong> do what I have <strong>to</strong> do. What I have <strong>to</strong> do ischange people’s minds. You very rarely change people’sminds yelling at <strong>the</strong>m. You can excite your base by yelling.But you can’t change people’s minds. To change people’sminds, you have <strong>to</strong> talk <strong>to</strong> <strong>the</strong>m. That’s one of <strong>the</strong> things Ido, I talk <strong>to</strong> <strong>the</strong> jurors.Adlai Stevenson, when he was running for president,said he was going <strong>to</strong> talk sense <strong>to</strong> <strong>the</strong> American people.That didn’t work probably because he was against <strong>the</strong> mostpopular person in <strong>the</strong> country, but that has always beenmy goal: <strong>to</strong> talk sense <strong>to</strong> whoever you’re talking <strong>to</strong>. Andwhat you find is if you trust people., a remarkable numberof <strong>the</strong>m actually respond <strong>to</strong> you. People actually like <strong>to</strong> betreated like thinking adults, even people who start off veryantagonistic, you talk sense <strong>to</strong> <strong>the</strong>m. You can slowly – notalways, it’s not perfect, it’s a process, but one that succeedsremarkably often.LD: So much has been made of your command of workingwith judges and o<strong>the</strong>r lawyers. I remember talking <strong>to</strong> MaryI s s u e 13 197 l a w d r a g o n . c o m
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