Michigan Law to host top ACLU lawyer for Constitution Day observance

By Bob Needham
Michigan Law


Each September, the University of Michigan joins schools and other institutions across the country to celebrate Constitution Day, in remembrance of the adoption of the United States’ founding document. 

The Law School has traditionally hosted the University’s observance of Constitution Day. Since Congress voted in 2004 to require Constitution Day celebrations at federally funded institutions, Professor Richard Friedman has been involved in organizing the U-M observance. 

“Some people wonder about the constitutionality of the requirement, ironically enough—Does the federal government have the authority to impose this?” said Friedman, the Alene and Allan F. Smith Professor of Law and an expert on US Supreme Court history. “I think it’s probably constitutional. But putting the questions of constitutionality aside, it’s got to be appropriate for a great educational institution to take out a moment and consider issues related to the Constitution.

“I always try to get a program that deals with issues that are very salient at the time. Obviously, there are a lot of big issues these days; I think it’s important to recognize that we are in a very unusual moment. There’s an enormous amount of litigation against the administration that is centered on the constitutionality of some of its actions. This year’s speaker is at the forefront of these issues.”

Lee Gelernt, deputy director of the American Civil Liberties Union Immigrants’ Rights Project, will deliver the Constitution Day lecture on September 16 at 4:30 p.m. in Hutchins Hall 100. The talk, which is free and open to the public, is co-sponsored by U-M’s Office of the Provost. It will be recorded and available to the public upon request. A reception will follow the lecture. 

Gelernt has argued a number of high-profile cases and is widely recognized as one of the country’s leading public interest lawyers. He has argued in the US Supreme Court, and he has testified before the US House and Senate. 

Among his recent cases are an ongoing challenge to the Trump administration’s use of the Alien Enemies Act. Most recently, a US Court of Appeals panel agreed with his argument that the Trump administration cannot use the Alien Enemies Act to deport members of a Venezuelan gang.

In addition to his work at the ACLU, Gelernt is an adjunct professor at Columbia Law School, and he has served as a visiting professor at Yale Law School. He is frequently quoted in the national and international media. 

“With respect to Constitution Day, I hope attendees will have a better sense that as informed citizens, it’s important to understand the role of our Constitution and some principles of the Constitution,” Friedman said. “We’re an unusual nation in that. 

“We have for almost 240 years lived under a written constitution. Even though constitutional law often is ambiguous and heavily value-laden, it’s still a very powerful construct and a very powerful aspect of our polity, of our nation’s wellbeing. Along with a deeper sense of the issues of the particular Constitution Day program, I hope people get a fuller understanding of that.”

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