“We are getting far outside the boundaries of this case,” Ramsey said sternly.
“I think those boundaries are precisely what we’re trying to determine,” Knight fired back.
“I believe that U.S. v. Stanley — ” Anderson began.
“I’m glad you mentioned it. Let me briefly recount the facts of that case,” Knight said. She wanted this heard. By her fellow justices, several of whom were on the Court when the case had been decided, as well as by the public. To Knight, the Stanley case was one of the worst miscarriages of justice in history and represented everything that was wrong with the Court. That had also been Steven Wright’s conclusion in his bench memo. And she intended to make those conclusions heard both today and when it came time to win a majority vote on this case.
When Knight spoke, her voice was strong and resonating.
“Master Sergeant James Stanley was in the Army in the fifties and volunteered for a program which he was told had to do with testing protective clothing against gas warfare. The testing was conducted in Maryland, at the Aberdeen Proving Grounds. Stanley signed up for it, but he was never asked to wear any special clothing or do testing with gas masks or anything. He only talked to some psychologists for great lengths of time about a variety of personal subjects, was given some water to drink during these sessions and that was it. In 1975, Stanley, whose life had gone downhill — inexplicable behavior, discharge from the Army, divorce — received a letter from the Army asking him to participate in a follow-up exam by members of the Army who had been given LSD in 1959, because the Army wanted to study the long-term effects of the drug. Under the pretense of testing clothing against gas warfare, the Army had slipped him and other soldiers LSD without his knowledge.”
A collective gasp went up from the general public’s seats as they heard this, and the spectators started talking to each other. Perkins actually had to bang his gavel, an almost unheard-of event.
As Fiske sat there and listened, it occurred to him how important this case was. Rufus Harms had filed an appeal with this Court. Was he also seeking to sue the Army? Something terrible had happened to him while in the military. Certain men had done something to him that had ruined his life and resulted in the death of a little girl. Rufus wanted his freedom, wanted justice. He had the truth on his side, Rufus had proclaimed. And yet even with the truth, under the current law, it didn’t matter. Just like Sergeant Stanley, Private Rufus Harms would lose.
Knight continued, secretly well pleased with the audience’s reaction. “The psychologist was employed by the CIA. The CIA and the Army had undertaken a joint effort on the study of the drug’s effects, because the CIA had received reports that the Soviet Union had stockpiled the drug and the Army wanted to know how it might be used against its soldiers in wartime. That sort of thing. Stanley, who rightly blamed the Army for destroying his life, sued. His case finally made it to the Supreme Court.” She paused. “And he lost.”
Another gasp came from the public.
Fiske looked around at Sara. Her eyes were still fixed on Knight. Fiske peered over at Ramsey. He was livid.
“In effect, what you’re asking is for this court to deny to Barbara Chance and similar plaintiffs one of the most cherished constitutional rights we possess as a people: the right to our day in court. Isn’t that what you’re asking? Letting the guilty go unpunished?”
“Mr. Anderson,” Ramsey broke in. “What has happened to the men who perpetrated these sexual assaults?”
“At least one has been court-martialed, found guilty and imprisoned,” Anderson again promptly replied.
Ramsey smiled triumphantly. “So hardly unpunished.”
“Mr. Anderson, the record below clearly establishes that the actions for which the man was imprisoned have been going on for a very long time and were known to higher-ups in the Army, who declined to take any action. In point of fact only when Barbara Chance went to the local police did an investigation ensue. So tell me, have the guilty been punished?”