05/22/2026
Retired Justice Barbara Jaffe published a powerful reflection in The Fulcrum today about the concept of judicial courage. She opens up about the ridicule she faced simply for granting the NhRP a chance for our lawsuit on behalf of two chimpanzees (Tommy and Kiko) to be heard.
“...the need to render decisions that might seem ridiculous to some also demands courage informed by the lessons of history.”
Without her willingness to open that door, key milestones in legal history may not have been made. Her courage paved the way for the former Court of Appeals Judge Fahey to issue his historic opinion in Tommy and Kiko’s case—in which he validated the NhRP’s argument—and later, for Chief Judge Wilson and Judge Rivera to issue their powerful dissents in the NhRP’s case on behalf of Happy the elephant.
Legal change rarely begins with consensus. It begins with people who are willing to seriously consider questions others dismiss.
We’re grateful for Justice Jaffe’s courage, thoughtfulness, and continued leadership.
Please read her article on judicial courage here: https://bit.ly/3RC2uIj