Skip to content
Search

Latest Stories

Follow Us:
Top Stories

When lawyers attack the rule of law

Justice is blind statue symbolizing law with scales and sword in hands and a US flag in the background
SimpleImages/Getty Images

Lawyers Defending American Democracy invites you to attend a free webinar, “When Lawyers Attack the Rule of Law,” on Wednesday, Sept. 18 at 2 p.m. Pacific (5 p.m. Eastern).

Please register for this important webinar.


This special event will feature a timely conversation between UCLA School of Law professor Scott Cummings and Boston Globe senior opinion writer and columnist Kimberly Atkins Stohr about the ways in which lawyers enable — and are complicit in — the creation of autocracies.

Cummings was named a 2023 Guggenheim fellow to study the role of lawyers in backsliding democracies. Stohr is an on-air political analyst for MSNBC, frequent panelist on NBC's “Meet the Press” and co-host of the legal news podcast “#SistersInLaw.”

In June 2024 Cummings warned about the danger we face:

“In recent years, scholars have focused significant attention on the fading fortunes of democracy around the world. This decline has occurred at the hands of new legal autocrats who dismantle democracy not through violent coups but rather through ostensibly legal actions—like changing the rules of judicial selection and elections—that undermine institutional checks on executive power. Yet while this literature helpfully spotlights law as an essential tool of democratic backsliding, it has largely ignored the actors who wield this tool: lawyers. This is a significant omission since, as the Stop the Steal campaign to overturn the 2020 U.S. presidential election revealed, lawyers serve as crucial gatekeepers to legal institutions targeted by autocrats (like courts and the attorney general’s office) and are necessary to design and execute legal plans to circumvent constitutional requirements (like election certification and the peaceful transition of power). Precisely because lawyers are guardians of the legal legitimacy upon which autocratic legalism depends, the profession is a critical arena of democratic struggle that merits special attention.
“Rule-of-law attacks like Stop the Steal do not occur in a vacuum. They are manifestations of a deeper democratic malaise. That malaise is a product of structural forces that occur over long time horizons and affect the profession, reshaping lawyer norms and practices in ways that can create conditions of possibility for rule of law attacks to occur.
“One such norm, central to the rule of the law, is professional independence. Because lawyers control access to legal institutions, they serve the critical role of screening legitimate legal claims. Public lawyers—prosecutors and government legal advisors—have special obligations in this regard, guaranteeing that when legal decisions have a policy impact, they are made in the public interest and not for partisan advantage.”

Lawyers have essential roles to play in the struggle to protect and defend our democracy. Join this important webinar to learn more.


Read More

Warrantless Surveillance and TPS for Haitians

Bamilia Delcine Olistin restocks product at Bon Samaritain Grocery, a Haitian-owned grocery, on February 3, 2026 in Springfield, Ohio. A federal judge issued a temporary stay blocking the Trump administration's attempt to strip Temporary Protected Status (TPS) for Haitian immigrants, but Haitian TPS beneficiaries and residents of Springfield continue to face uncertainty over their protected status.

Getty Images, Jon Cherry

Warrantless Surveillance and TPS for Haitians

Warrantless Surveillance

Almost 3 weeks ago, House Republicans appeared to be spitting mad because the Senate had had the temerity to pass a DHS funding agreement overnight by unanimous consent and then recess. The Senate did that because it was the best deal that could get passed. (The House still hasn’t acted on that Senate DHS funding bill.)

But last night, around 2 am, the House passed a 10 day extension of existing Foreign Intelligence Surveillance Act Section 702 authorities by unanimous consent and then recessed until Monday. Apparently, it’s fine when the House does it. Why did the House do this? Because it was the best deal that could get passed.

Keep ReadingShow less
Women gathered in circle.

Somali women and girls prepare for a buraanbur performance at the Tukwila Community Center on Jan. 24, 2026.

Patty Tang

As Immigration Hearings Accelerate, Somali Asylum Seekers Fear Losing Due Process

Across the Seattle region, Somali families are living with a level of fear that few others in our city fully see. This fear is rooted in sudden immigration court changes and in a national climate that feels increasingly unstable for people seeking asylum.

In recent months, immigration attorneys in multiple states, including here in Washington, have reported that Somali asylum hearings were abruptly rescheduled to earlier dates, in some cases moved forward by months or even years. Families who believed they had time to prepare are now scrambling to gather documentation, secure legal representation, and revisit traumatic experiences under compressed timelines.

Keep ReadingShow less
A person holding the U.S. flag, kneeling by a vigil.

VA hospital nurses and union members hold a memorial vigil for Alex Pretti , an ICU nurse at the VA hospital who was shot and killed by two Federal agents, February 1, 2026, in Minneapolis, Minnesota.

Getty Images, Andrew Lichtenstein

Should I Stay or Should I Go? When To Cut and Run On America

"If the U.S. government kills even one of our citizens for peacefully protesting, I will leave the country." Once this line was crossed, I would know that we could no longer claim to hear warning shots or catch whiffs of fascism. It will have arrived.

I said this to my therapist in November 2024 when discussing what would be the final straw for my relationship with America, the thing that would mean my family would leave this country behind.

Keep ReadingShow less
Michigan, Romulus Challenge Federal Plan for ICE Detention Center in Ongoing Legal Fight

U.S. Customs Protection officer

Photo provided by MILN

Michigan, Romulus Challenge Federal Plan for ICE Detention Center in Ongoing Legal Fight

Michigan officials and the city of Romulus have filed a lawsuit against the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement, escalating a growing legal and political battle over plans to convert a local warehouse into an immigration detention center near Detroit.

The lawsuit, led by Michigan Attorney General Dana Nessel and joined by the city, seeks to halt the federal government’s effort to repurpose a commercial warehouse in Romulus into a large-scale detention site operated by ICE.

Keep ReadingShow less