Home -> Law Blog Directory -> Legal Commentary Blogs -> Althouse

Legal Commentary

: Althouse

Fred Strebeigh on Joe Biden: "Ladies' Man: The backslapping, bloviating hero of women's rights."

Great article in the New Republic about the genesis of the Violence Against Women Act. Read the whole thing. I want to highlight the fact that a central figure in the story, Victoria Nourse, went on to become a lawprof at the University of Wisconsin.

The late '80s, Biden noticed, showed a rise in violent crimes against young women. Then, in December 1989, a man walked into a university classroom in Montreal with a hunting rifle, divided the students by sex, yelled that the women were all "a bunch of feminists," and killed 14 of them. Biden's aide Ron Klain handed the Senator an article in the Los Angeles Times by a friend who had clerked with Klain the year before at the Supreme Court, Lisa Heinzerling (now professor of law at Georgetown). Heinzerling connected that murder of "feminists" to a gap in U.S. law. Federal law tracking hate crimes targeted only, she wrote, a "victim's race, ethnicity, religion, or sexual orientation." Thus, she argued, "if a woman is beaten, raped or killed because she is a woman, this is not considered a crime of hate"--a legal loophole "welcome to no one but the misogynist."

Biden posed a challenge to [his staffer Victoria] Nourse: figure out what Congress should do, and start by looking at the marital-rape issue he had tried to tackle a decade earlier.....

Looking for a solution, Nourse drafted a proposal for the "Civil Rights for Women" section of what would become VAWA.... The goals of the civil rights section were grand: make women "free from crimes of violence motivated by the victim's gender." But its method was more modest: give victims of such violence the right to sue their attackers in federal court. Nourse grounded the section constitutionally both in the equal-protection guarantee of the Fourteenth Amendment and in the Commerce clause (partly via language echoing the Civil Rights Act of 1964, itself upheld by the Court under the Commerce clause).

Even before Biden introduced VAWA at Senate hearings on June 20, 1990, Nourse began seeking allies among women's groups in New York and Washington, D. C. Both she and Biden recall that "inside the-beltway women's groups" did not leap to assist. In Promises to Keep, Biden quotes one group member replying, "Oh, Victoria, you're a nice little girl, but you work for Joseph Biden. Why should we believe you?" Such distrust, he thought, came because he was not "pure" in his support for abortion--opposing federal funding of abortion though supporting a woman's right to choose....

Ultimately, the Supreme Court struck down that statutory right of action, saying that it did not fit under the Commerce Clause -- it didn't regulate any commercial activity -- and it didn't fit under the 14th Amendment -- because the 14th Amendment only deals with state action.

Joe Biden may have lost in a titanic struggle to expand the civil rights of women. But, along the way, he showed himself ready to follow the lead of female attorneys and judges. As Victoria Nourse told me in a recent e-mail from her desk at Emory Law School, where she is now a professor: "[I]n a day and age when Senators were still fondling interns in the Senate elevator, he not only protected me, he listened to me, my legal advice, and by extension, all the women who talked to me."

No one can pretend that getting Biden as vice president lifts women's spirits as high as they may go with the election of the first woman president. But no one will doubt that, on that wet day on the slippery Supreme Court steps, beneath his senatorial umbrella, Joe Biden was there--trying to stand tall for the rights of women.

Full post as published by Althouse on September 11, 2008 (boomark / email).