Host: Welcome to Role Models For Change, a series of conversations with social entrepreneurs and other innovators working on the front lines of some of the world’s most pressing problems.
Peter Yeung (interviewer): Hello, Jill. Thank you very much for joining us today at the Skoll World Forum.
Jill Habig: Thank you for having me.
Peter Yeung (interviewer): To begin with, can you just introduce yourself and tell us a little bit about the work that you’re doing?
Jill Habig: I’m Jill Habig. I’m the founder and CEO of Public Rights Project. We’re a US-based organization, and we work with local government officials across the country to help them use government power to advance civil rights and democracy. We work with about 200 local governments across 41 states in the US. We work on a range of issues, from voting rights and elections, to abortion and reproductive rights, to worker’s rights.
Peter Yeung (interviewer): Obviously, that’s a pretty broad spectrum right in there. But I suppose, how exactly would you define the problem that you’re trying to solve with this?
Jill Habig: When I started Public Rights Project, the problem I was really trying to solve was the idea that local governments have a lot of untapped power to advance people’s rights. But they’re really fundamentally ill-equipped to deliver on that power. We have this classic civil rights story in America that is a little bit like Schoolhouse Rock. We think about injustice, and then people organize to change the law. There’s a legislative debate, a law is passed, and then we magically have our rights.
The missing piece of that puzzle is that rights aren’t self-executing. If the people in charge in government aren’t actually using government power to make sure people’s rights are protected, the law on paper can be completely different from the law as it is experienced by people on the ground.
I saw that firsthand, working in state and local government, where I was actually charged with building a children’s civil rights unit in the Attorney General’s Office in California. We had had decades old power to enforce children’s civil rights in the school system, in juvenile justice, et cetera. We had just never used it. We didn’t have a team in place. We didn’t have a budget. We didn’t have the skillsets that we needed to do those kinds of cases. It’s a problem that we see across the country, where states and cities have more power than they currently use, to protect civil rights and democracy. I set out to create a playbook and a toolkit for governments to use their legal power more effectively for civil rights.
Peter Yeung (interviewer): Could you, I suppose, describe a little bit of how this affects individuals on the ground? What are some of those cases that they aren’t properly being served by this policy?
Jill Habig: Sure. The worker’s rights context is one area where there have actually been a number of policy wins over the last 10 to 15 years. Workers have organized for higher minimum wages, for greater protections, and sick leave, and paid leave. But on the ground, 20% of workers still aren’t actually getting minimum wage. Their employers aren’t being held accountable to the rights that they are supposed to have under the law. We’ve actually built teams in cities across the country to help make sure that workers actually get what they’re owed under the law. We had a case in California that brought back $6 million for workers who had been mistreated by their employer.
In a similar context, in voting, we work with election officials in cities across the country, who are facing lawsuits trying to undermine voting rights. Voters may cast a ballot, but then there may be a legal challenge preventing that ballot from being counted. If local election officials don’t have the legal support they need, then voters’ ballots don’t actually getting counted and the election results can’t match what people voted for
It’s a pretty simple intervention, in lots of ways. It’s providing the resources, the skillset, the assistance to make sure that government officials can actually do the right thing, and make sure that people’s rights are actually experienced and practiced, not just on paper.
Peter Yeung (interviewer): Right, exactly. Yeah. It is, as you say, a pretty simple objective, at least in theory. I just wonder how exactly you’ve gone about development that work and scaling up? Obviously now, it’s very much widespread. I just wonder have you adapted as well over time? What exactly have you needed to adjust along the way?
Jill Habig: When I first started Public Rights Project, the biggest thing that I was focused on was helping local government officials use power they already had more effectively. That’s still a huge part of our work. But what we’ve seen in the US over the last several years is that there are increasing attempts to undermine that power and undermine the will of voters. Democracy is facing a death by 1000 cuts strategy in the US. We’ve actually really adapted our strategy to help local government officials defend the power they already have, and make sure that they’re able to do the jobs voters have elected them to do.
The voting context is a big example of that. We work with local election officials who are just facing threats, harassment, litigation trying to prevent them from doing their jobs. Things as simple as opening an early vote center to help people cast a ballot. Or using drop boxes to help people vote during a pandemic. Those sorts of common sense pro-voter policies are increasingly being challenged by conspiracy theorists and election deniers. We’ve mobilized a lot of resources to help government officials just be able to do the job that voters have elected them to do. We’re seeing that trend really grow in states across the country, where there are just increasing efforts to undermine the very fabric of our democracy in a number of ways.
Peter Yeung (interviewer): Right. Where exactly do you see the roots of that? I suppose perhaps the elephant in the room, the tanned elephant in the room, Donald Trump, may be one of those touchstones. But where has this come from exactly? This more hostile context.
Jill Habig: It’s much bigger than any one candidate, or any one president, or elected official. There has really been a movement to undermine multiracial democracy in America, as we’ve seen communities organize in a number of states to build power, to get policy change. Whether it’s criminal justice reform, or abortion rights, or worker’s rights. There’s a really concerted effort by corporate interests, by anti-democracy and authoritarian interests to just rig the rules of the game so that, even if voters vote for a particular outcome, that there’s an end run to get around voters on the back end. Certainly, Donald Trump has been an existential threat to US democracy, but he is not alone. He’s more of a symptom than a cause, in my opinion. We see gerrymandering really be a big cause of this problem. Where you have often majority white gerrymandered state legislators, who are abusing their power to override Black voters, or Black elected officials. There’s certainly a racialized dynamic there, as well as an ideological one, trying to undermine democracy.
Peter Yeung (interviewer): I imagine, obviously you’re working across many different kinds of contexts here, and social demographics, et cetera. I just wonder what kind of differences that you have come across in those different states that you’re working in? How have you had to respond to that?
Jill Habig: Certainly, every state in the US is different. They have different laws, different politics, et cetera. But what we’ve seen is that, across the country, people believe in really fundamental values. They believe that voters should be able to vote, and that elections should match what people actually voted for. They believe that women should have control over their own bodies. It’s actually not a very controversial issue in the US, when you ask voters. It’s controversial because of entrenched minority power in a number of state legislatures. But there’s actually a lot of common ground on values across party lines. We work with many people of both parties on abortion rights, on voting rights. I think the bigger issue is entrenched power in some of these elections that don’t actually match what people have voted for. In that sense, I actually have a lot of hope because I think there’s a lot of common ground that ordinary Americans and voters can have on a number of these issues.
Peter Yeung (interviewer):
Yeah. When you use that term, entrenched, obviously for me, it signifies that you’ve had, not to say the obvious, but a bit of resistance to the work you’re doing. Can you talk to me a bit about that? What is the blow back of this kind of reworking of the political order?
Jill Habig: Yes. We have a few examples. In Georgia, we have litigation right now on behalf of a bipartisan group of prosecutors, against a state law that was passed in Georgia. It creates a partisan commission that can remove elected prosecutors from office, simply for making decisions that this partisan commission disagrees with. It’s really a complete end run around voters. Voters have elected these prosecutors. They have a variety of ideological positions, but they’ve run on their record with voters. Voters have elected them. And now, the state is trying to come in over the top to punish those prosecutors for, for example, making statements about abortion rights. Or diverting some people from incarceration. We’re actually challenging that commission in court, because we think it’s unconstitutional under the Georgia Constitution. It punishes people for free speech. It retaliates against them for doing the jobs voters elected them to do. We actually had a big win last year even, in the Georgia Supreme Court. Now the legislature is back with a different version of that law, and we’re going to be back in court again, challenging it again.
But we’ve had a number of successes, even in states where we’ve seen these kinds of abuses of power by state officials against local democracy. We had a win in Florida last year. Where the Governor passed a bill that was attempt to undermine police reform in the state, after the murder of George Floyd. It essentially criminalized protest, and then it provided a veto against local police budgets. Essentially, if advocates on the ground tried to organize and convince their city to hold police accountable for civil rights violations, the state could come in and just override what citizens and local governments had done. We actually took them to court, and got a win to take that power out of the Governor’s hand and keep it with local governments. Even in states where there have been a lot of fights on these issues, a lot of ideological confrontation, we have seen state courts and local government officials be able to step up and do the right thing, and hold the line for civil rights in a number of states.
Peter Yeung (interviewer): I just wonder how you see this developing in the future? Obviously, there’s been a trend not only in the US, but across the world really, in Latin America, in Europe, in Asia, of growing populism, and I suppose extremism in politics. Perhaps, not despite the work you’re doing, but how do you see this going forward in the next few, I don’t know, election cycles or years to come?
Jill Habig: I’m optimistic because I think that, what we’ve seen in states across the country, is that when voters actually have an opportunity to weigh-in on these questions, they tend to vote for greater democracy, greater civil rights, and for the rule of law. I think when we can bring that accountability into state courts and into state elections, we can actually build a better society than what we’re seeing right now. We saw this even in Michigan, right after the US Supreme Court overturned Roe versus Wade. We were able to go into court in Michigan, on behalf of a group of prosecutors, and actually get a court order protection abortion access just a couple of months after the Dobbs decision. We’ve seen this now, through a combination of elections and litigation in states across the country.
I think there’s a growing movement of people who really believe that our institutions are worth defending, believe that the rule of law is worth defending, and believe that voters have a right to be heard. I’m optimistic for the future.
Peter Yeung (interviewer): Great. Yeah. I think you have, throughout our conversation, pointed to some positive signs. With your approach, what exactly are, I suppose, the limitations? What can be achieved through this and what can’t be achieved? What are other changes required?
Jill Habig: I really think about litigation, which is the main thing that we do, as a compliment to the organizing, and other popular activism that other groups are doing and that people are doing on the ground. As a lawyer, I love to litigate. I’m a hammer and I see a nail, and it’s a lot of fun. Litigation is only one tool. Litigation can get you into court to defend a right that is already on paper. It’s much harder when you need to actually change a policy. You need activism, you need organizing on the ground. You might need electoral advocacy to get different people into office. I think it’s really important to build an ecosystem of groups that are working for a better democracy. We can support, on the litigation. But our goal is really to use litigation to empower groups organizing for better policy and better elected officials in the future. And then, we help them do their jobs once they’re in office.
Peter Yeung (interviewer): Right. Yeah, I see. I see. I suppose then, going forward, what are going to be the next steps in the road for you guys? Obviously, we’ve got the election coming up. Are there any particular objectives that you’ve set out?
Jill Habig: Ultimately, what we’re trying to do is actually build a society where every community has a government that’s fighting for their rights. Imagine what our democracy would look like if we actually had a government that delivered for people, and that viewed its responsibility as protecting its own constituents rights on a daily basis.I think for us, we’re looking not just at this election cycle. Certainly, our top priority this year is making sure that our elections hold, and that people are able to vote, that their ballots are counted. The election result matches what people voted for. That’s fundamental to everything else we want to build. But beyond 2024, we’re really trying to build an infrastructure at the state and local level. So that when government officials get into office, they can actually have a playbook to use their power to make sure that workers get the rights that they’re owed, that women can get abortion care and healthcare that they need. That states can’t interfere with what voters have already voted for. These are really basic things, but I think we’re trying to build for a bigger future than just holding onto the rights that we have.
Peter Yeung (interviewer): Right. Yeah, I see. Simple things to ask for, but still a lot of work ahead. Thank you so much for your time. I really, really appreciate you sharing about your work.
Jill Habig:
Thank you. Thank you for having me.