Bye Bye Bayh

Birch Bayh passed away. You've got to be my age to remember that name and what he did. If you voted between the ages of 18 and 21 or benefited in any way from the Title IX program banning gender discrimination in higher education, Birch Bayh had an impact on your life. He became a power on the Judiciary Committee and chairman of its Constitution Subcommittee. In that role he became one of the last great advocates for constitutional amendments, co-authoring the 25th amendment providing for appointment of a vice president upon a vacancy in that position, and the 26th amendment lowering the voting age to 18 in federal and state elections. Bayh was also the chief Senate sponsor of the Equal Rights Amendment, which cleared Congress in 1972 only to succumb to a powerful backlash closely associated with the rising conservative movement when the drive to ratify it stalled (there’s still an effort underwayto complete ratification of the ERA, though some argue the deadline for state approval is long past). But Bayh considered Title IX, best known for its impact on opportunities for women in college athletics, his most important legacy, as NBC News observed: “The law’s passage came at a time when women earned fewer than 10 percent of all medical and law degrees and fewer than 300,000 high school girls — one in 27 — played sports…. “Now, women make up more than half of those receiving bachelor’s and graduate degrees, and more than 3 million high school girls — one in two — play sports…. “Bayh said the law was aimed at giving women a better shot at higher-paying jobs. He continued speaking in support of Title IX’s enforcement for years after leaving Congress.” From his position on the Judiciary Committee, Bayh had a definite if more subtle effect on the shape of constitutional law via the composition of the U.S. Supreme Court. He led the successful opposition to two Nixon SCOTUS nominees, Clement Haynesworth and Harrold Carswell, who were widely perceived as payoffs to southern reactionaries who had stood by Nixon in 1968. Nixon ultimately substituted Warren Burger and Harry Blackmun for the rejected pair; Blackman soon authored Roe v. Wade, with Burger concurring. Bayh lost his Senate seat in 1980, suffering the ignominy of a defeat at the hands of a then-obscure, execrable, young conservative and potatoe named Dan Quayle. After leaving Congress, Bayh stayed out of electoral politics (other than supporting his son Evan’s career), but was still visible in defending Title IX and advocating the abolition of the Electoral College. Billie Jean King had this to say on hearing of his passing: “Sen. Birch Bayh was one of the most important Americans of the 20th century and you simply cannot look at the evolution of equality in our nation without acknowledging the contributions and the commitment Sen. Bayh made to securing equal rights and opportunities for every American…. “Birch Bayh was a man of integrity, a leader with unquestionable character and an American treasure.”