Commencement speaker warns graduates of threats to an independent judiciary

Released on May 22, 2005
Contact: David Nathan 781-736-4203 or dnathan1@brandeis.edu

Click on links below for media coverage of commencement

Massachusetts Supreme Court Chief Justice Margaret Marshall urged graduates at Brandeis University's 54th commencement on Sunday to uphold the legacy of Justice Louis Brandeis by actively working to overcome the increasing threats to an independent judiciary in the United States.

Marshall, a lightning rod for critics after she authored the controversial ruling in November 2003 that allowed same-sex marriage in Massachusetts, received a standing ovation from the crowd of about 7,000 people at the Gosman Sports and Convocation Center.

"Seldom have I felt as concerned for the rule of law in this my adopted country as I am now," the native of South Africa said. "It cannot have escaped your notice that vocal individuals and groups have become impatient with our system of separated powers, and checks and balances."

Marshall told nearly 1,000 graduates (the university awarded 649 bachelor's degrees, 314 master's, and 35 doctoral degrees) that criticism of individual judges and decisions is a welcome sign of a "robust democracy," but recent rhetoric has gone too far.

"I am concerned about attacks leveled at the very foundation of our legal system: the principle that judges should decide each case on its merits, according to the rules of law applied the same way to everyone, and independent of outside influence," Marshall said. "I worry when people of influence declare that the role of a judge is to conform his or her decision to results of opinion polls. I worry when people of influence use vague, loaded terms like `judicial activism' to skew public debate or to intimidate judges. I worry when judicial independence is seen as a problem to be solved, and not a value to be cherished."

She reminded the graduates of Justice Brandeis's belief that it was the responsibility of every citizen to uphold the constitutional democracy in the United States by being an active participant in governing.

"This is not a call to heroics, or a call for you to change your life plans," Marshall said. "Small acts - discussions with a neighbor, a letter to the editor, every form of everyday civic participation - can accomplish great things."

Marshall, the only woman to serve as chief justice of the Massachusetts Supreme Court and a noted apartheid foe, received an honorary Doctor of Laws from the University.

Five other people earned honorary degrees for their contributions to their fields: Journalist Tom Brokaw, Doctor of Humane Letters; novelist Ha Jin Ph.D. '93, Doctor of Humane Letters; Nobel Prize-winning scientist Roderick MacKinnon'78, Doctor of Science; Congressman Edward J. Markey, Doctor of Laws; and philanthropist Lily Safra, Doctor of Humane Letters.

The University awarded 998 degrees - 649 bachelor's, 314 master's and 35 doctorates. Caps flew through the air and blue and white balloons cascaded down from the ceiling at the conclusion of the commencement exercises.

Stephen B. Kay, the chair of the Board of Trustees, lauded the Class of 2005 for developing a strong sense of community in the wake of the Sept. 11 attacks, which occurred just weeks after the students arrived in Waltham.

Kay also warned the graduates to be aware that they are venturing into a world in ethical turmoil. "Walk carefully and follow the good instincts that have been honed at Brandeis," he said.

President Jehuda Reinharz urged the recent graduates to be active as they join the ranks of the University's 30,000 alumni.

"From this day on forward, you are responsible for Brandeis, just as we were responsible for you as you were here," Reinharz said. "Each of you is now part of Brandeis's history and Brandeis's' future."

Teaching awards were presented to: Ibrahim K. Sundiata, Samuel and Augusta Spector Professor of History; William E. Kapelle, associate professor of history; Janet McIntosh, assistant professor of linguistic anthropology; Stephen Fournier, assistant professor at The Heller School for Social Policy and Management; David G. Gil, assistant professor at The Heller School for Social Policy and Management; Karen V. Hansen, associate professor of sociology and women's studies; Edward J. Bayone, adjunct professor at the International Business School; Alfonso Canella, adjunct professor at the International Business School; and Aline Yurik, lecturer at the Rabb School of Summer and Continuing Studies.

Earlier in the day, Thomas H. Lee, president of private equity group Thomas H. Lee Partners, delivered the commencement address and received the Dean's Prize for Distinguished Global Leadership at the commencement exercises of the International Business School. IBS awarded 152 degrees to students from 56 countries.

Lee told the graduates that "every company has to think globally," but acknowledged that "nobody has it completely figured out."

"We find managements who can't deal with change and make the necessary adjustments," said Lee, who exhorted the IBS graduates to "become the change agents" in their companies.

Honorary degree recipient Markey spoke about energy policy at the commencement for The Heller School.

Links

The Boston Globe

submitted by David Nathan

The Associated Press

submitted by David Nathan

Metrowest Daily News

submitted by David Nathan