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

How State Courts Can Help Deflect the Supreme Court’s Latest Blow to Multiracial Democracy

Black and white illustration of voters

State Court Report

How State Courts Can Help Deflect the Supreme Court’s Latest Blow to Multiracial Democracy

With its April ruling in Louisiana v. Callais, the Supreme Court delivered yet another blow to the Voting Rights Act, specifically Section 2, which governs race in redistricting. The decision was sad and utterly predictable, but still nothing short of astonishing. Justice Samuel Alito wrote for the Court’s conservative supermajority, stealthily setting aside 40 years of legal precedent under Section 2 largely on the belief that racism is a thing of the past and extreme partisan gerrymandering is, in effect, a fundamental right of state lawmakers. Callais had a tortured path to the Court, a feature of the case that has undoubtedly been eclipsed by the lawless nature of the ruling itself, all of which reveals that the Supreme Court represents the gravest threat to multiracial democracy in the United States. (I argued as much in a law review article, predicting the outcome and analyzing the ways a Court gone rogue might get to that ruling.)

What’s more? In recent years, the Court has played fast and loose with a “principle” purportedly meant to limit chaos around elections, known as Purcell. But instead of limiting chaos, the Court’s Purcell jurisprudence will hasten and aggrandize the already-problematic impact of the Callais ruling. As the nation’s redistricting wars inevitably continue — in this election season, the 2028 presidential campaign, and even the next decade — state courts can help stave off democratic erosion by resisting the urge to invoke Purcell.

Keep ReadingShow less
​Acting U.S. Attorney General Todd Blanch standing in front of a crowd.

Acting U.S. Attorney General Todd Blanche announces the indictment of former Cuban President Raúl Castro, in Miami, Fla., on May 20, 2026.

US Indictment of Raúl Castro Comes Amid a Long History of American Aggression Against Cuba

The Trump administration on May 20, 2026, indicted former Cuban President Raúl Castro for murder, based on the downing of two planes near the Cuban coastline in 1996 that killed four people.

As a historian of Latin America and U.S. foreign policy, I believe the indictment may be the prelude to direct U.S. military action against Cuba.

Keep ReadingShow less
Border Patrol surveillance network expands across Michigan highways

Surveillance camera

Canva

Border Patrol surveillance network expands across Michigan highways

The U.S. Border Patrol and Department of Homeland Security have installed automated license plate reader cameras on Michigan highways as part of a nationwide surveillance network, according to reporting by MLive and the Detroit Free Press.

The cameras are part of a nationwide Border Patrol surveillance network first revealed by an Associated Press investigation and later examined in Michigan by the Detroit Free Press and MLive through a review of state records.

Keep ReadingShow less
This Sheriff’s Office Says Racial Profiling Reforms Are Too Costly. Auditors Found It Misused $163 Million.

The Maricopa County Sheriff’s Office misused $163 million intended to address racial profiling reforms, according to a court-mandated audit.

Illustrations by Shoshana Gordon, ProPublica.