On August 12, 2003, at the American Bar Association’s Annual Meeting in San Francisco, the Association’s House of Delegates approved a resolution sponsored by our Section advocating increased federal funding to states and local governments in the area of homeland security. The resolution states that: "the American Bar Association supports increased federal funding to state, local and territorial governments, including public authorities, to enable these ‘first responders’ to prevent terrorist attacks and increase their readiness to respond to any attacks that do occur."

Although no opposition to the resolution had surfaced prior to the meeting—indeed, several sections had come out in support—there was a significant vote against the resolution on the floor of the House. The resolution ultimately passed by a vote of 143 to 103. Jim Baird, Section Delegate, did an outstanding job in presenting the resolution and in responding to the objections raised in the House. The principal objection was one of germaneness—that the ABA should not get involved in spending issues. Jim explained that as a matter of constitutional law the federal government has the responsibility to provide for the common defense and that state and local governments should not have to finance the protection of the nation’s public and private infrastructure and provide public safety and emergency response forces in the war against terrorism.

Jim and Sholem Friedman, our other Section Delegate, had also marshalled considerable support for the resolution prior to the meeting. These efforts bore fruit in several ways—most importantly in having Neal Sonnett, the delegate from the Criminal Justice Section, speak in favor of the resolution on the floor of the House. The support of the Criminal Justice Section, as well as that of the Health Law and Environment, Energy and Resources Sections, played a pivotal role in the adoption of the resolution. The League of California Cities was also very helpful in providing the delegates with supporting facts and figures. In addition to Jim and Sholem, Mary Massaron Ross, outgoing Chair of the Section, Otto Hetzel, outgoing Publications Director, and Ernie Abbott, chair of the Section’s newly formed Homeland Security Committee, all participated in drafting the resolution and supporting report.