Rape Case Brings Question of States' Rights Before Supreme Court
JEANNE MESERVE, CNN ANCHOR: At the Supreme Court today, it's a case involving states' rights, inflamed by the emotions of rape. The National Organization for Women held a rally on the courthouse steps in a show of support for a rape victim trying to sue her alleged attacker in federal court. CNN's senior Washington correspondent Charles Bierbauer has more on the case behind today's arguments.</s>CHARLES BIERBAUER, CNN SENIOR WASHINGTON CORRESPONDENT (voice- over): Christy Brzonkala was an 18-year-old freshman at Virginia Tech in 1994. She says she was gang raped in a dormitory.</s>CHRISTY BRZONKALA, FMR. VIRGINIA TECH STUDENT: I don't want to keep reliving the assault, but I can tell you this: Rape is like having your soul torn out.</s>BIERBAUER: Antonio Morrison was a 19-year-old linebacker on Virginia Tech's football team. His lawyer says:</s>W. DAVID PAXTON, ATTORNEY FOR MORRISON: Everything is contested in this case. He's accused of engaging in a brutal gang rape which he absolutely denies.</s>BIERBAUER: A university investigation punished Morrison only for using abusive language, and the state did not prosecute. But Brzonkala sued Morrison and a second man for civil damages in federal court under the 1998 Violence Against Women Act.</s>KATHY ROGERS, NOW LEGAL DEFENSE FUND: Nearly 5 million women a year are victims of violent crime; 2,000 women a week are raped.</s>CURTIS LEVEY, CENTER FOR INDIVIDUAL RIGHTS: Who could be in favor of violence against women? The real question here is: Should it be handled on a state level or a federal level?</s>BIERBAUER: The issue before the Supreme Court is not Ms. Brzonkala's civil rights, but states' rights. Congress, asserting states had not done enough to protect women, passed the law based on the Constitution's commerce clause. (on camera): What's commerce got to do with it? Congress concluded that women subjected to violence are more likely to leave school, losing the economic benefit of an education and the better jobs that come with it. (voice-over): Brzonkala dropped out of Virginia Tech, later attended another university, now works in a restaurant.</s>BRZONKALA: There are many times I just wanted to give up the fight and get off the emotional roller coaster that I've been on for the past five years.</s>BIERBAUER: Morrison returned to the football team and graduated last year. Brzonkala is suing Virginia Tech separately for failing to protect her.</s>LARRY HINCKER, VIRGINIA TECH OFFICIAL: The institution has been vilified, Christy Brzonkala has gone through severe torment, and so has Tony Morrison.</s>BIERBAUER: The university official says this case has no winners. But the justices' eventual decision could change that.</s>BIERBAUER: And there was skepticism among the justices during the arguments, including Sandra Day O'Connor, who may hold the pivotal vote, questioning whether Congress may have overreached in this particular law -- Jeanne.</s>MESERVE: And Charles, the decision from the court today on states' rights and age discrimination. Tell us about that.</s>BIERBAUER: And it's a similar line because it is a question of what Congress can do vis-a-vis the states in passing the age discrimination law. This court found that Congress had indeed overreached and it was Justice O'Conner who delivered the opinion saying that there was no evidence that the states has discriminated on the basis of age, and therefore they struck down that provision of the Age Discrimination Act -- Jeanne.</s>MESERVE: Charles Bierbauer, at the Supreme Court, thanks.