NYT: O'Connor Foresees Limits on Freedom
O'Connor Foresees Limits on Freedom By LINDA GREENHOUSE Describing herself as "still tearful" after viewing the World Trade Center site, Justice Sandra Day O'Connor told a law school audience in Manhattan yesterday that as part of the country's response to terrorism, "we're likely to experience more restrictions on our personal freedom than has ever been the case in our country." Lawyers have a special duty to work to maintain the rule of law in the face of terrorism, Justice O'Connor said, adding in a quotation from Margaret Thatcher, the former British prime minister: "Where law ends, tyranny begins." Justice O'Connor, who was on an official visit to India when the terrorist attacks took place on Sept. 11, was the first Supreme Court justice to speak publicly about the events and their possible legal consequences. She was the main speaker at the groundbreaking for a law school building at New York University in Greenwich Village. Her brief remarks emphasized the need to proceed with care in the aftermath of a national trauma that she said "will cause us to re-examine some of our laws pertaining to criminal surveillance, wiretapping, immigration and so on." Lawyers would play an important role in striking the right balance, she said, adding, "Lawyers and academics will help define how to maintain a fair and a just society with a strong rule of law at a time when many are more concerned with safety and a measure of vengeance." Justice O'Connor did not offer an analysis of any particular proposal, instead observing that "no single response is appropriate for every situation." Referring to the prospect that military deployments overseas rather than domestic prosecutions will be a principal means of bringing terrorists to justice, she said: "It is possible, if not likely, that we will rely more on international rules of war than on our cherished constitutional standards for criminal prosecutions in responding to threats to our national security." Justice O'Connor posed a series of questions at the ceremony: "First, can a society that prides itself on equality before the law treat terrorists differently than ordinary criminals? And where do we draw the line between them? Second, at what point does the cost to civil liberties from legislation designed to prevent terrorism outweigh the added security that that legislation provides?" Without answering the questions herself, she concluded: "These are tough questions, and they're going to require a great deal of study, goodwill and expertise to resolve them. And in the years to come, it will become clear that the need for lawyers does not diminish in times of crisis; it only increases." Justice O'Connor, who grew up in Arizona, said her visit to New York and the trade center site had changed her image of a city she and her husband, John, had considered "harsh, brash, brassy, tough." Now, she said, "there is a new spirit here and it's one of warmth, solidarity, humanity and determination that we have not witnessed before." She added: "It's very noticeable and very moving."
participants (1)
-
Incognito Innominatus