Reproductive hazards litigation: Gender and labor politics in the third branch

Litigation by interest groups, both directly and as amici curiae, has become a common form of political pressure. Group litigation raises questions of how interests are represented in a judicial forum, rather than a legislative or administrative body. Civil rights policy (including gender issues) is an area that has seen a substantial amount of politically-oriented litigation. Following passage of federal laws against discrimination in employment based on sex and/or pregnancy status, women have turned to the courts for enforcement. Since the 1960s, unions have played an increasing role as women's ally in this struggle. The Supreme Court case UAW v. Johnson Controls serves as an illustration both of how interest groups use litigation for policy purposes, and of how the women's rights and labor movements have joined forces to advance the rights of workers. While the format of judicial policymaking differs significantly from the legislative process, and the techniques and language required of groups differ accordingly, the process of marshalling allies and presenting persuasive arguments mirrors group conflict in other political forums.