Skip to content
Search

Latest Stories

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

Donald Trump
Donald Trump
YouTube

When Belief Becomes Law: The Rise of Executive Rule and the Vanishing of Facts

During his successful defense of the British soldiers accused of killing Americans in the Boston Massacre of 1770, John Adams, the nation's second president, famously observed that "facts are stubborn things; and whatever may be our wishes, our inclinations or the dictates of passion, they cannot alter the state of facts and evidence."

Times have changed. When President Trump fired the head of the Bureau of Labor Statistics, saying that the jobs numbers compiled by the agency's nonpartisan analysts and experts "were RIGGED” some pundits observed that you can fire the umpire, but you can’t change the score.

Keep ReadingShow less
Inside Courthouse Immigration Arrests: Controversy, Legal History, and Implications

People protest in Chicago as part of the No Kings Rallies at Daley Plaza on June 14, 2025 in Chicago, Illinois.

Photo by Kamil Krzaczynski/Getty Images for No Kings

Inside Courthouse Immigration Arrests: Controversy, Legal History, and Implications

Background

On the campaign trail, Donald Trump promised voters, “One day, I will launch the largest deportation program of criminals in the history of America.” On his inauguration day, he published a directive for Immigration and Customs and Enforcement (ICE) officers to use their own discretion when conducting immigration arrests. Since then, ICE officers have arrested immigrants in or around courthouses in at least seven different states.

Keep ReadingShow less
ICE Policy Challenged in Court for Blocking Congressional Oversight of Detention Centers

Federal agents guard outside of a federal building and Immigration and Customs Enforcement (ICE) detention center in downtown Los Angeles as demonstrations continue after a series of immigration raids began last Friday on June 13, 2025, in Los Angeles, California.

Getty Images, Spencer Platt

ICE Policy Challenged in Court for Blocking Congressional Oversight of Detention Centers

In a constitutional democracy, congressional oversight is not a courtesy—it is a cornerstone of the separation of powers enshrined in our founding documents.

Lawyers Defending American Democracy (LDAD) has filed an amicus brief in Neguse v. U.S. Immigration and Customs Enforcement, arguing that ICE’s policy restricting unannounced visits by members of Congress “directly violates federal law.” Twelve lawmakers brought this suit to challenge ICE’s new requirement that elected officials provide seven days’ notice before visiting detention facilities—an edict that undermines transparency and shields executive agencies from scrutiny.

Keep ReadingShow less
A person in a military uniform holding a gavel.

As the Trump administration redefines “Warrior Ethos,” U.S. military leaders face a crucial test: defend democracy or follow unlawful orders.

Getty Images, Liudmila Chernetska

Warrior Ethos or Rule of Law? The Military’s Defining Moment

Does Secretary Hegseth’s extraordinary summoning of hundreds of U.S. command generals and admirals to a Sept. 30 meeting and the repugnant reinstatement of Medals of Honor to 20 participants in the infamous 1890 Wounded Knee Massacre—in which 300 Lakota Sioux men, women, and children were killed—foreshadow the imposition of a twisted approach to U.S. “Warrior Ethos”? Should military leaders accept an ethos that ignores the rule of law?

Active duty and retired officers must trumpet a resounding: NO, that is not acceptable. And, we civilians must realize the stakes and join them.

Keep ReadingShow less