Episode 277: Using the Law to Fight Back and Forward
Welcome to class! To begin, L. Joy shares exciting personal news—she is now the President of the NAACP New York State Conference of Branches. She then reflects on the evolving role of the courts in the civic landscape, especially when other systems of accountability fail or are actively undermined. She also brings President and CEO of the Lawyers' Committee for Civil Rights Under Law, Damon Hewitt, to the front of the class discuss navigating legal battles under hostile conditions and the concept of a third reconstruction.
L. Joy explores how, historically and currently, the legal system has been both a powerful tool for civil rights progress and a site of devastating setbacks. emphasizing that while the courts are often turned to as a last resort, they are not a guaranteed path to justice—particularly today, as many are staffed by ideologically motivated judges selected to halt progress. She cautions against romanticizing litigation, explaining that legal action requires resources, courage, a solid strategy, and plaintiffs with legal standing. Still, she reminds us that lawsuits are a vital form of civic engagement, especially as rollbacks in diversity, equity, and inclusion grow more aggressive.
Damon Hewitt opens by sharing his #FirstCivicAction in first grade when he ran—and lost—a student government election. That early loss, driven more by popularity than ideas, planted a seed about real leadership and representation.
In the conversation with L. Joy, Hewitt explains that translating moral outrage of “that’s illegal” into legal remedy requires strategy that includes plaintiffs with standing, precedent and strong legal theory, and the courage to take personal and professional risks because legal change is often incremental and builds over decades—just as it did leading up to Brown v Board of Education.
Hewitt then gives synopsis of cases the Lawyer’s Committee is working on presently. He spotlights the lawsuit representing Chicago Women in Trades, an organization facing federal threats to its funding for centering equity. He emphasizes that Diversity Equity and Inclusion work is not only lawful—it’s often required by existing civil rights law. They are also defending federal workers and contractors—especially women and people of color—who are facing intimidation, termination, or retaliation for doing equity work under the current administration.
Additionally, they are suing Meta for its algorithmic bias—specifically how it disproportionately showed predatory, for-profit college ads to Black users, while white users were shown traditional university options, and have proposed the Online Civil Rights Act, a groundbreaking model bill that would regulate AI and protect against digital discrimination.
They conclude with Hewitt stating that we need more than defensive litigation—we need a forward-looking movement for a Third Reconstruction. This includes not only protections from discrimination but positive rights in housing, healthcare. education, and the freedom from state and vigilante violence. “The future we deserve is not a handout—it’s the basic meal. It’s the cake, not the icing.”- Damon Hewitt
Guest’s First Civic Action
Episode guest Damon T. Hewitt, President and CEO of the Lawyers' Committee for Civil Rights Under Law, shares the story of his #FirstCivicAction in first grade when he ran—and lost—a student government election. That early loss, driven more by popularity than ideas, planted a seed about real leadership and representation.
Do Now
Check if you or someone you know may qualify to be a plaintiff in one of the many active lawsuits being brought by organizations like:
The Lawyers’ Committee for Civil Rights Under Law lawyerscommittee.org
The NAACP Legal Defense Fund naacpldf.org
Unions and trade groups
These lawsuits are pushing back against federal rollbacks of DEI, discriminatory tech practices, unfair firings or layoffs, and other injustices. Many of these legal fights depend on impacted individuals willing to lend their names and stories to the cause.
Stay informed, share what you learn, and consider taking that bold step—because the courts only work when people are willing to step up and speak out.
Damon T. Hewitt
Damon T. Hewitt is the President and Executive Director of the Lawyers’ Committee for Civil Rights Under Law. Hewitt has more than 20 years of civil rights litigation and policy experience, including prior leadership roles in the nonprofit, philanthropic, and public sectors. Formerly, as executive vice president at the national Lawyers’ Committee, he coordinated the organization’s strategic, programmatic, and operational efforts to advance the fight for racial justice.