Dear readers, I’ve been waiting to post about this until I got details from Olivia de Havilland’s lawyer regarding next steps, but a few days ago we got word that the California Supreme Court has declined to review de Havilland’s case against FX.
For those of us who have been advocating for her side, this comes as a blow. We don’t know how close the decision was–there was at least one justice, Justice Mariano Florentino Cuéllar, who voted to allow de Havilland to have her day in court. As judges are not required to publish their votes, Justice Cuéllar’s is the only vote on record for either side.
We don’t know what, if anything, will happen next. The next step up in the legal system would be the Supreme Court of the United States. De Havilland’s team is weighing its options, but given the enormous pressure of being involved in a US Supreme Court case at the age of 102, this is not a decision to be taken lightly.
Regardless of what happens next, what has transpired in this case has been truly remarkable. When the case first went to the California Supreme Court, I posted an article outlining how to write an amicus curiae letter to the court in favor of de Havilland’s side. Thanks to all of you who sent your letters, 90 amicus curiae briefs were received by the court, a record-breaking number. In her email today addressing the outpouring of support, de Havilland’s lawyer wrote: “The fact that you collectively supported us and advocated for truth and fairness in the law was very important to our side.”
I have said and written from the beginning that no matter the outcome of the case, de Havilland wins. By simply putting pressure on corporate interests, showing them that civilians have the power to take them to task, she speaks truth to power and holds it accountable to the people. Since de Havilland filed her case, Ryan Murphy has shelved a season of American Crime Story about Monica Lewinsky, and the DVD release of Feud has been suspended. By daring to stand up, de Havilland has forced FX to back down and operate with more respect for facts and living people.
I will keep you posted about next steps, but in the meantime, may we all take a lesson from Olivia de Havilland–no matter how great our adversary, we cannot be intimidated by size or power. When we speak up and stand up, look the threat in the eye and assert our own presence, we see that maybe our biggest fears aren’t so big after all.