Taking on life’s challenges and overcoming adversity with Justice Richard Bernstein
“An easy life does not always correspond to a good one.”
Standing at the FCC podium, Justice Richard Bernstein began his opening speech with stories of pain and triumph. Going to law school, becoming elected and re-elected to serve on Michigan’s Supreme Court, and completing multiple endurance races — all while being born visually impaired— has been no easy mission.
Despite such a life-altering setback, Justice Bernstein has chosen to persevere, to overcome the challenges he faces every day and become a leading figure in disability rights.
“Life is all about doing things because you’ve got to want it. You’ve got to believe in it. You’ve got to choose it, and you’ve got to decide that you’re going to make this happen,” he said.
Justice Bernstein, with the help of the US Consulate, completed a recent tour of Hong Kong. While meeting with consular staff, local radio stations and journalists — and even joining a run with Fearless Dragon, a running group for people with visual and hearing impairments — he also spoke at an FCC Club Lunch alongside President Lee Williamson.
The pair talked in depth about Justice Bernstein’s professional life and athletic career, as well as Michigan’s role in the upcoming US presidential elections and how voting systems can differ from state to state.
Williamson, as an avid runner himself, first asked Justice Bernstein about how he was able to complete 26 marathons and a full IronMan competition, which consists of a 2.4-mile swim followed by a 112-mile bike ride and another full marathon.
Justice Bernstein’s advice was simple — just take one step at a time.
“Ultimately, if you do everything one day at a time and one step at a time, things usually tend to find their way,” he said.
Williamson highlighted the New York City accident that Justice Bernstein suffered from before his 18th marathon. A cyclist struck him while going over 35 miles an hour, shattering his pelvis. The accident required 10 weeks of hospitalisation and left the justice with chronic pain, yet he still continued running.
“It [running] is something that you build over time. It becomes a part of what you do and who you are, and it becomes a part of your lifestyle, and it becomes part of what you tend to focus on each and every day. Like I always speak to, it becomes part of your life mission,” Justice Bernstein summarised.
Williamson and Justice Bernstein also discussed recent developments in US politics, starting with the attempted assassination of former president Donald Trump on July 13th. Justice Bernstein explained that the incident could potentially strengthen the energy and passion of both Trump and his dedicated supporters.
Justice Bernstein also briefly commented on the landmark Supreme Court ruling that grants Trump immunity for core presidential duties he conducted while in office during his alleged attempt to overturn the 2020 election results.
“If you create an environment where the president isn’t required to have to hear or to follow the rules that are set forth that everyone else has to follow, then what are the consequences of that?” Justice Bernstein asked.
He then added that the upcoming litigation against Trump will certainly continue for a long time, and that each new wave of litigation must be studied carefully to address all the nuances and degrees in which federal laws may or may not have been violated.
The conversation then transitioned into Justice Bernstein’s role in disability rights and lawmaking. As a Supreme Court Justice of Michigan, the cases he decides on can impact the rest of the country.
Justice Bernstein gave the example of how transportation is designed. Whether it’s an airline or a bus system, he finds that the accessibility of these modes of transportation need to be considered at conception. Mandates from US Congress or the Supreme Court could also be applied, yet Justice Bernstein clarified that most of the decisions that will affect everyday Americans will be done at the state court level.
These state and federal dynamics also came into play during Justice Bernstein’s experience with Michigan’s response to the Covid-19 pandemic.
With each state being able to determine how to use its own laws, resources, and police force to combat the pandemic, Justice Bernstein said the US Bill of Rights is ultimately the core consideration for how Michigan, or any other state, should implement new laws. What he found was that certain states created more restrictions than others during the pandemic, which treaded a careful line between protecting citizens and preserving the Bill of Rights. These decisions weren’t easy, yet they are precisely why Justice Bernstein believes that the courts are where they need to be made instead of by the executive or legislative branch.
“It’s really the job of the courts to be unpopular. It’s the job of the court to make decisions that people don’t like. And it’s the job of the courts to do things in difficult times that people really hate,” he said.
When asked if he would be willing to become a non-permanent overseas judge in Hong Kong if he were asked, Justice Bernstein gave a resounding yes.
“Absolutely! In our court, we have a lot of time off. We pretty much get July and August off, and also have February off. I would actually have the time to do it, and would be honoured to do it if asked,” he said.
Learn more about Justice Bernstein and his thoughts on the upcoming 2024 US elections by watching the full discussion on the FCC’s YouTube channel:
