The reason I feel excited about dedicating my life to LIC, however, is because I believe we will win.
Is there something you could share about why you think this? E.g. have analogous projects succeeded before, have the previous cases had judgments indicating that the case would succeed on appeal, etc.?
I guess the main reason is because the arguments we’re making are right on the law. So I feel that we are bound to eventually win.
The example that immediately comes to mind for me is how animal lawyers finally established that the Endangered Species Act (ESA) prohibits the abuse of captive endangered and threatened animals.
The ESA states that it’s illegal to kill, harm, or harass any animal whose species is threatened or endangered. So if you read the law objectively, it looks like it should prevent the abuse of captive endangered or threatened animals in a circus or a roadside zoo. But circuses and roadside zoos used to routinely beat and neglect animals like endangered Asian elephants, lemurs, tigers, etc. And they wanted to be able to continue doing so.
The ESA also says that, if someone violates the ESA, any citizen who is harmed by that violation can sue. So it makes it very easy for private citizens to protect endangered or threatened animals even when police and prosecutors are busy with other tasks.
The circus and the roadside zoos didn’t want the ESA to apply to them. And they had access to lots of money and good lawyers.
So, for years, somehow, the private wild animal ownership industry was able to continue violating the ESA without repercussion—even when animal lawyers tried to sue.
Finally, though, lawyers at the Animal Legal Defense Fund brought a landmark case called Kuehl v. Sellner. Kuehl v. Sellner successfully established that it’s illegal to abuse captive endangered and threatened animals. Now, courts seem to accept that premise without question.
The cool thing about the U.S. court system is that it’s designed to be a place where you can win if you’re right on the law—even if your opponent has more money and political power than you. It doesn’t always live up to that promise right away. But eventually, it often does.
Thanks for writing this, Alene!
Is there something you could share about why you think this? E.g. have analogous projects succeeded before, have the previous cases had judgments indicating that the case would succeed on appeal, etc.?
I guess the main reason is because the arguments we’re making are right on the law. So I feel that we are bound to eventually win.
The example that immediately comes to mind for me is how animal lawyers finally established that the Endangered Species Act (ESA) prohibits the abuse of captive endangered and threatened animals.
The ESA states that it’s illegal to kill, harm, or harass any animal whose species is threatened or endangered. So if you read the law objectively, it looks like it should prevent the abuse of captive endangered or threatened animals in a circus or a roadside zoo. But circuses and roadside zoos used to routinely beat and neglect animals like endangered Asian elephants, lemurs, tigers, etc. And they wanted to be able to continue doing so.
The ESA also says that, if someone violates the ESA, any citizen who is harmed by that violation can sue. So it makes it very easy for private citizens to protect endangered or threatened animals even when police and prosecutors are busy with other tasks.
The circus and the roadside zoos didn’t want the ESA to apply to them. And they had access to lots of money and good lawyers.
So, for years, somehow, the private wild animal ownership industry was able to continue violating the ESA without repercussion—even when animal lawyers tried to sue.
Finally, though, lawyers at the Animal Legal Defense Fund brought a landmark case called Kuehl v. Sellner. Kuehl v. Sellner successfully established that it’s illegal to abuse captive endangered and threatened animals. Now, courts seem to accept that premise without question.
The cool thing about the U.S. court system is that it’s designed to be a place where you can win if you’re right on the law—even if your opponent has more money and political power than you. It doesn’t always live up to that promise right away. But eventually, it often does.