| Description |
The following study describes a three-year court battle which received national attention while pending resolution by the United States Supreme Court. The case which is the subject of this analysis could well have been included among those treated in Peter Irons' book, The Courage of Their Convictions. That work tells the real-life stories of sixteen individuals and their families who believed their federally guaranteed constitutional rights had been violated, and were willing to pursue a judicial remedy all the way to the highest court in the land. The decision of the Court in all sixteen cases described in Mr. Irons' book turned on the interpretation of a specific constitutional provision. The ruling in each instance has had a significant impact on the course of both American jurisprudence and Twentieth Century American history. Likewise, the issues and people involved in the case of Wayne and JuQy Acton, guardians ad litem for James Acton v. Vemonia School District, have made for another landmark decision. Had this case gone before the Supreme Court prior to the completion of Mr. Irons' book, perhaps we would be reading there, instead of here, "The Courage of Their Convictions: Case Number Seventeen." In searching for litigation that would accomodate a thorough case examination of this sort, I sought the advice of many experienced professionals, including: university professors in the fields of history, political science, and law lawyers in private practice; a public defender; a Utah Supreme Court Justice; and even the author of the book himself, Mr. Irons. As a result of my inquiries, among others I learned of cases dealing with issues of gender and racial discrimination, freedom of and from religious exercise, the rights of the criminally insane, abortion and the right of privacy, the right not to testify against a spouse, and the rights of children. All of the cases I was exposed to presented thought-provoking issues based on interesting and complex circumstances. Each exemplified the fundamental clash that exists between government as provider for the general welfare of its citizens, and preserver and protector of the rights of the individual. Now, more than ever, I am convinced that finding justice in our quest for peaceful co-existence depends upon our ability to find that delicate balance. |
