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

Where Do Territorial Courts Fall in Our Constitutional Framework?

Black and white sketch of a courtroom in session.

illustration provided

Where Do Territorial Courts Fall in Our Constitutional Framework?

The Supreme Court’s recent decisions in Trump v. Slaughter and Trump v. Cook have understandably been read as cases about presidential control over executive officers. But they may have implications for a different and largely overlooked question lurking in a pending Supreme Court case: Who may exercise the judicial power of the United States in the territories?

This question made a cameo appearance in the Slaughter case. The majority noted in a footnote that “a justice of the peace in the District of Columbia” exercises “the judicial power of the District, just as territorial judges exercise the judicial power of their respective territories” — not the executive power. Therefore, the court went on, “the fact that Congress may prohibit the President from firing the District’s judges (who do not exercise his power) says nothing about whether Congress may prohibit the President from firing his subordinates (who do).”

Keep ReadingShow less
The Long Tradition of Lawyers Defending U.S. Democracy

women in a courtroom

Getty Images

The Long Tradition of Lawyers Defending U.S. Democracy

For centuries, lawyers have been leaders in establishing and protecting our democracy and its cornerstone, the rule of law. They have challenged tyrants, whether it be King George III in our nation’s founding or President Trump, a wannabe king, today.

Lawyers swear to do this in an oath, which is a condition of admission to the bar, to “support the Constitution of the United States.” This sworn duty continues a centuries-old tradition.

Keep ReadingShow less
The Trump Administration Is Losing Its Fight to Take Over Elections
Rawpixel/Getty

The Trump Administration Is Losing Its Fight to Take Over Elections

The Trump administration has expended significant resources trying to meddle in elections ahead of the midterms. This coordinated campaign includes attempts to limit who can vote, wrestle away states’ authority over elections, and undermine public confidence in election outcomes. So far, virtually everything the administration has tried has been blocked by courts, failed in Congress, or simply fizzled out.

Currently, the administration is 0–21 in its court cases seeking to amass state voter data. In dozens of states, election officials from both parties have refused to turn over their complete voter rolls, which contain confidential personal information, to the Justice Department. Federal courts from Arizona to Maine have thrown out the department’s lawsuits, ruling that the federal government lacks the power to force states to hand over this data on a mass scale.

Keep ReadingShow less
The Erosion of Judicial Integrity
a large white building with columns with United States Supreme Court Building in the background

The Erosion of Judicial Integrity

The partisanship of the Roberts Supreme Court Republicans violates the neutrality central to the rule of law's legitimacy. Moreover, the Founding Fathers, including James Madison, Thomas Jefferson, John Adams, and Alexander Hamilton, viewed avaricious oligarchs and seditious demagogues as the two gravest threats to democracy. They would doubtlessly view the Roberts Republicans – with rulings institutionalizing oligarchic pay-to-play while embracing Trump’s authoritarianism - as another grave threat.

The Rule of Law Survived One Judicial Coup

Keep ReadingShow less