I was born in 1949 and turned 72 years old this year. When I was born there was no Medicare, no Medicaid, no Affordable Care Act, no Civil Rights Act of 1964, no Voting Rights Act of 1965, no Fair Housing Act of 1966, no Clean Air Act of 1970, and no Clean Water Act of 1972. There was still legal segregation in several states. One of my earliest memories is seeing segregated drinking fountains on a trip I took with my parents in the 1950s to visit my father’s relatives in Kentucky.
I have seen the election of the first African-American president, Barack Obama, and I have seen areas of our society open up to minorities. When I was born it was illegal in some states for a man and woman of different races to marry, no matter how much in love they were or how great their relationship.
All the federal laws mentioned above have been enacted during my lifetime. I have also seen the establishment of gay marriage and the constitutional rights of criminals become Federal constitutional rights. I have seen women obtain equal rights to pay, and I have seen women enter professions formerly denied to them. In my own profession of law, and just in my lifetime, women have entered the profession in greater and greater numbers, to an extent not dreamed of fifty years ago when I started law school.
I could go on, but you get the idea. Now all of these changes were fought by conservatives and racists. The struggle for civil justice is a long one and there have been set-backs along the way. But here’s the thing that must be kept in mind: It has been over sixty years since Johnson signed the Medicare Act and it is still with us. The same is true for the Civil Rights Act and the other acts mentioned above. The Republicans and conservatives have not been able to muster the political will and political power to repeal them. They have to rely on the anti-majoritarian institution of the Supreme Court to limit the effects of those laws. Even the Affordable Care Act, against which they waged a 10 year relentless campaign is still with us. Indeed just this year President Biden signed a bill which is paying millions of families $300 per month, per child, to help them cope with the effects of the pandemic on our economy.
The purpose of this stroll down memory lane is not to say that there is not still progress to be had. Or that things are overwhelmingly positive in our society. Years ago I told my mother than Republicans had become meaner under Reagan and her quick reply was, “Don’t kid yourself, they were plenty mean before.” So the battle will continue.
But permit me to tell Democrats and liberals that there has been progress. That we have won significant battles and will win more in the future. That our society is a better place than it was in 1949. That it is more just, and, frankly, not as mean as it was when I was born. That the liberal wing of the Democratic Party has been a force for good and for justice. That we Democrats who elected the people who helped accomplish these things should be proud of our party and of our accomplishments. That we should remember them when we are down and discouraged. And after remembering them, vow to keep fighting for justice.