294 PART ThRee • InsTITuTIons of AmeRIcAn GoveRnmenT
The U.S. legal system may seem too complex to be
influenced by one individual, but its power none-
theless depends on the support of individuals. The
public has many ways of resisting, modifying, or
overturning statutes and rulings of the courts.Why should You Care? You may find it worth-
while to attend one or more court sessions to see
how the law works in practice. Legislative bodies
may make laws and ordinances, but legislation is
given its practical form by court rulings. Therefore,
if you care about the effects of a particular law, pay
attention to how the courts are interpreting it. For
example, do you believe that sentences handed
down for certain crimes are too lenient—or too
strict? Legislative bodies can attempt to establish
sentences for various offenses, but the courts inevi-
tably retain considerable flexibility in determining
what happens in any particular case.What Can You do? Public opinion can have
an effect on judicial policies. There is probably
an organization that pursues lawsuits to ben-
efit whichever causes that you support. A prime
example is the modern women’s movement, which
undertook long series of lawsuits to change the way
women are treated in American life. The courts only
rule on cases that are brought before them, and
the women’s movement changed American law by
filing—and winning—case after case.- In 1965, a federal circuit court opened a wide
range of jobs for women by overturning laws
that kept women out of work that was “too
hard” for them. - In 1971, the United States Supreme Court
ruled that states could not prefer men when
assigning the administrators of estates. (This
case was brought by Ruth Bader Ginsburg,
who was later to sit on the Court herself.) - In 1974, the Court ruled that employers could
not use the “going market rate” to justify lower
wages for women.
making a difference
chAnGInG The LeGAL sysTem
- In 1975, it ruled that women could not be excluded
from juries. - In 1978, an Oregon court became the first of many
to find that a man could be prosecuted for raping his
wife. - In 1996, the Virginia Military Institute was forced to
admit women as cadets.
Today, groups such as the National Organization for
Women continue to support lawsuits to advance women’s
rights.
You can access an online site for information about
the Supreme Court by entering “oyez” into your favorite
search engine.A demonstrator outside of the Supreme Court
as arguments are made in a 2013 case seeking to determine
whether human genes can be patented. The Court invalidated
the patent in question, which may result in cheaper treatments
for breast and ovarian cancer. (Tom Williams/CQ Roll Call/Getty
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