Skip to content
Search

Latest Stories

Top Stories

Now there's an urgent opening to really make America great again

Donald Trump

President Trump behaved like an autocrat, participating in the election as a fig leaf and discrediting it after losing, write the. authors.

Andrew Caballero-Reynolds/Getty Images

McHugh retired in 2012 after 11 years as a justice of the Massachusetts Appeals Court. Marcuss is a retired partner at the law firm Bryan Cave and a former senior fellow at Harvard's Kennedy School. They are on the steering committee of Lawyers Defending American Democracy.


Mitch McConnell refuses to accept the verdict of the American people. The Senate majority leader is willing to indulge President Trump's attempt to destroy American democracy, by supporting his fight to stay in office despite his repudiation by nearly 78 million Americans and a margin of at least 5.3 million votes. Other Republicans give Trump and McConnell comfort by standing on the sidelines in silence.

This must end if American democracy is to survive. The norms of democratic behavior must be restored. The divisions that have poisoned this country must be bridged. This calls for enlightened behavior.

President-elect Joe Biden has started the healing process by assuring Americans that he will be the president of all the people once he takes office. His history of reaching across the aisle in search of compromise gives hope. He is in a better position than most to appeal to those who care for the future of the country, to persuade them of the importance of ensuring that the mechanisms of democratic government survive. If he is successful, we may see the beginning of the end of the nightmare to which we have been subjected by an incompetent and corrupt president.

It will be just a beginning, however, unless the abuses of power that have crept into our system of government are recognized and reversed.

One week before the election, a compendium of abuses of power and needed reforms was released by our organization. More than 2,000 attorneys — including former judges and prosecutors, law school deans and managing partners of large law firms — formed two years ago to enlist our colleagues in the legal community to speak out against the threats to our democracy and to demand that Trump and Congress honor the fundamental principles, norms and values of our democracy.

Among the reforms we proposed are:

  • Compelling presidential compliance with congressional subpoenas and requests for government testimony.
  • Punishing government officials who lie and deceive the American public.
  • Prohibiting permanent "acting" government officials from exercising any power.
  • Prohibiting the Justice Department from being the president's personal law firm
  • Prohibiting use of the pardon power to protect presidential wrongdoing.
  • Punishing civil servants who work on the president's political objectives.
  • Outlawing nepotism, especially in the White House.
  • Prohibiting use of the White House for self-enrichment.
  • Requiring disclosure of the president's and vice president's business interests and tax returns.
  • Prohibiting revenge against whistleblowers and others who tell the truth.
  • Prohibiting voter suppression.

Many of these proposals will require legislation. For most of our history, legislation was not thought necessary. Most Americans understood implicitly that abuses of power would undermine the delicate checks and balances that make our Constitution work. The experience of the last four years has taught us otherwise.

Without legislation, the risk of repeated abuses is real. In an age increasingly vulnerable to autocracy and the preservation of power for its own sake, we cannot count on what was implicit in the past being what governs the future.

Legislation alone, however, is not enough. Compassion and empathy cannot be compelled. Respect for truth, diversity, political compromise, unbiased law enforcement and an independent judiciary comes from within. It requires a willingness to reach out to opponents in order to understand their concerns and grievances, and a desire to find common ground that satisfies competing interests. And it requires repudiation of the instinct for a "they did it, now it's our turn" approach to governance.

The winner-take-all approach to governance makes losers of us all.

Presidential elections are often bitter contests. Candidates frequently claim that an election is the most important in American history and that the future of our republic depends on the outcome. This time the future of the republic really is at stake.

Trump long ago refused to say he would leave office peacefully if the election went against him. He said that an election he did not win had to be fraudulent. He did what autocrats do: Participate in the election as a fig leaf and discredit it if they lose.

In Shakespeare's "Julius Caesar," Mark Antony observes: "The evil that men do lives after them; the good is oft interred with their bones." The evil the defeated president has done will persist long after he is gone — unless it is eradicated.

We have the means to do it. If we fail, the good that is in America is destined for interment with her bones.

Read More

Presidential Incapacity and the Limits of the 25th Amendment

Lynn Schmidt explains how a strong 25th Amendment would protect the presidency itself "by ensuring smooth transitions and public confidence in executive leadership..."

Getty Images, Pool

Presidential Incapacity and the Limits of the 25th Amendment

The authors of the 25th Amendment to the Constitution established and explained the complete order of presidential succession, as well as a series of contingency plans to fill any executive vacancies. It was written as a response to the weaknesses found in Article II after the assassination of President John F. Kennedy and what was learned about the inadequacies related to presidential illnesses and hospitalizations.

It feels like the time is not only right but needed for another updated response.

Keep ReadingShow less
The State of Health in America: A Political and Scientific Crossfire

Health and Human Services Secretary Robert Kennedy Jr. testifies before the Senate Finance Committee at the Dirksen Senate Office Building on September 04, 2025 in Washington, DC.

(Photo by Andrew Harnik/Getty Images)

The State of Health in America: A Political and Scientific Crossfire

At the heart of the Trump administration’s health agenda is a dramatic reorientation of public health priorities. Secretary of Health and Human Services, Robert F. Kennedy Jr. declared during a Senate hearing last week:

“We at HHS are enacting a once-in-a-generation shift from a sick-care system, to a true health care system that tackles the root causes of chronic disease.”

“Make America Healthy Again” has been met with both praise and fierce resistance. Republican Senator Mike Crapo supported the initiative, saying:

Keep ReadingShow less
When Politicians Pick Voters: Why Gerrymandering Is Undermining Democracy

An image depicting a map of a district with unusually shaped boundaries, highlighting how areas are divided in a non-compact or fragmented way.

AI generated

When Politicians Pick Voters: Why Gerrymandering Is Undermining Democracy

The partisan fight to draw maps that determine how Americans are represented has entered a dangerous spiral. Texas is racing ahead with a mid-decade congressional redraw designed to lock in additional seats after President Donald J. Trump called upon state lawmakers to find five seats. California’s leaders responded in kind to offset the Texas map, but will hold a special election in which voters must decide whether to put aside the state’s Congressional maps drawn by an independent redistricting commission for the next three election cycles. Other states are openly weighing similar moves. But this “map wars” logic is dangerous, and voters from all backgrounds stand to lose as districts harden into safe seats and politicians’ accountability to voters further withers.

Large majorities of Americans say that gerrymandering — which lets politicians pick their voters instead of the other way around — is unfair and a problem. When politicians and party insiders draw their own districts, the maps can be engineered to protect incumbents, not voters. As a result, gerrymandering contributes to the erosion of public confidence in elections. It lessens people’s sense that change can happen, and reduces the ability of voters to hold leaders accountable.

Keep ReadingShow less
Is Trump Serious About Banning Mail-In Ballots… or Is It Rage-Bait?
Photo by Tiffany Tertipes on Unsplash.

Is Trump Serious About Banning Mail-In Ballots… or Is It Rage-Bait?

Earlier this month, President Donald Trump took to Truth Social, claiming he was going to “lead a movement to get rid of mail-in ballots,” adding that he would sign an executive order ahead of the 2026 midterms. However, Trump has yet to sign such an order.

Keep ReadingShow less