Court ruling denies appeal for Tommy and Kiko, but not their rights

A court has ruled against a motion for appeal on behalf of chimpanzees Tommy and Kiko with a landmark opinion asserting the importance of better addressing the rights of nonhumans. The opinion calls this “a deep dilemma of ethics and policy that demands our attention.”

On May 8, 2018, the New York Court of Appeals Decision once again denied the Nonhuman Rights Project’s (NhRP) petition to appeal a lower court’s ruling on the fate of chimpanzees Tommy and Kiko. Though nominally a defeat, the remarkable concurring opinion by the court’s Associate Judge Eugene M. Fahey constitutes a major step forward, a victory in and of itself. The NhRP characterizes it in its press release as “an historic mark of progress in the fight to secure fundamental legal rights for nonhuman animals.” The opinion begins: "The inadequacy of the law as a vehicle to address some of our most difficult ethical dilemmas is on display in this matter."


The NhRP has been trying to convince New York State courts that the two chimpanzees have a right to habeas corpus protection, and has been seeking permission to have the two relocated from the small, squalid cages in which they’re being held to the Save the Chimps sanctuary in Florida. The court’s problem has been that habeas corpus protection is available only to persons. Given that there are only two possible classifications for the chimps from a legal point of view—as either persons or things—the NhRP has been so-far unsuccessfully trying to persuade the court to bestow legal personhood on Tommy and Kiko. After all, as Fahey writes in his opinion, "While it may be arguable that a chimpanzee is not a ‘person,’ there is no doubt that it is not merely a thing." The judge says further, "The reliance on a paradigm that determines entitlement to a court decision based on whether the party is considered a ‘person’ or relegated to the category of a ‘thing’ amounts to a refusal to confront a manifest injustice."

Fahey’s opinion doesn’t say much about why the current motion was denied, and in fact, its primary focus is on the specific reasons he believes the lower courts were wrong to deny personhood for Tommy and Kiko. It’s a compelling read. Fahey says the entire case represents "a deep dilemma of ethics and policy that demands our attention. To treat a chimpanzee as if he or she had no right to liberty protected by habeas corpus is to regard the chimpanzee as entirely lacking independent worth, as a mere resource for human use, a thing the value of which consists exclusively in its usefulness to others. Instead, we should consider whether a chimpanzee is an individual with inherent value who has the right to be treated with respect."

Two other NhRP “clients,” Hercules and Leo, were introduced to their new home at Project Chimps sanctuary the same day as the court ruling. (Photo: The Dodo)

The obvious question is where can the NhRP—and Tommy and Kiko—go from here. Some news outlets consider this the end of the line for the two chimps. The NhRP tells Big Think in an email, "We're considering our next steps, and we plan to do whatever we can to help Tommy and Kiko get to a sanctuary where their right to bodily liberty will be respected."

Why a federal judge ordered White House to restore Jim Acosta's press badge

A federal judge ruled that the Trump administration likely violated the reporter's Fifth Amendment rights when it stripped his press credentials earlier this month.

WASHINGTON, DC - NOVEMBER 16: CNN chief White House correspondent Jim Acosta (R) returns to the White House with CNN Washington bureau chief Sam Feist after Federal judge Timothy J. Kelly ordered the White House to reinstate his press pass November 16, 2018 in Washington, DC. CNN has filed a lawsuit against the White House after Acosta's press pass was revoked after a dispute involving a news conference last week. (Photo by Alex Wong/Getty Images)
Politics & Current Affairs
  • Acosta will be allowed to return to the White House on Friday.
  • The judge described the ruling as narrow, and didn't rule one way or the other on violations of the First Amendment.
  • The case is still open, and the administration may choose to appeal the ruling.
Keep reading Show less

How to split the USA into two countries: Red and Blue

Progressive America would be half as big, but twice as populated as its conservative twin.

Image: Dicken Schrader
Strange Maps
  • America's two political tribes have consolidated into 'red' and 'blue' nations, with seemingly irreconcilable differences.
  • Perhaps the best way to stop the infighting is to go for a divorce and give the two nations a country each
  • Based on the UN's partition plan for Israel/Palestine, this proposal provides territorial contiguity and sea access to both 'red' and 'blue' America
Keep reading Show less

Scientists just voted to change the definition of a kilogram

The definition of a kilogram will now be fixed to Planck's constant, a fundamental part of quantum physics.

Greg L via Wikipedia
Surprising Science
  • The new definition of a kilogram is based on a physical constant in quantum physics.
  • Unlike the current definition of a kilogram, this measurement will never change.
  • Scientists also voted to update the definitions of several other measurements in physics.
Keep reading Show less