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

Mail-in ballots sitting in trays.

Mail-in ballots sit in trays before being sorted at the Santa Clara County Registrar of Voters office in San Jose, California, on Oct. 13, 2020.

Justin Sullivan/Getty Images

U.S. Postal Service Failed to Properly Handle Some Ballots During This Year’s Primary Elections, Audit Finds

Some U.S. Postal Service facilities failed to properly handle ballots during this year’s primary elections, according to a new audit from the agency’s Office of Inspector General. Election experts say the findings call into question the agency’s ability to meet even greater demands for the November election that are under consideration by the U.S. Supreme Court.

The audit, which is dated Sept. 4 but has not been previously reported, found a lack of training for post office staff on how to properly and expeditiously handle mail ballots, deficiencies in how ballots were tracked and errors leading to delays, all of which risked ballots having incorrect postmarks or otherwise arriving late to election officials, which could lead to their rejection.

Keep ReadingShow less
U.S. Ambassador to Israel Mike Huckabee speaks as Israeli Ambassador to the U.S. Yechiel Leiter, U.S. Vice President JD Vance, U.S

U.S. Ambassador to Israel Mike Huckabee speaks as Israeli Ambassador to the U.S. Yechiel Leiter, U.S. Vice President JD Vance, U.S

Alex Wong/Getty Images

Trump's Sale of Arms to Israel Violates U.S. Law

President Trump recently announced a $2.8 billion deal to sell arms to Israel, including 60,000 powerful one-ton bombs, which Israel had widely used to devastate densely populated areas of Gaza.

U.S. law prohibits arms sales in various situations. The Arms Export Control Act (AECA) and the Foreign Assistance Act (FAA) establish eligibility prerequisites for the sale of defense articles to foreign governments. The acts also require that such sales be for specific authorized military purposes.

Keep ReadingShow less
Statue of justice, gavel, and open book on table
Statue of justice, gavel, and open book on table

Partisan Loyalty Now Drives Americans’ Trust in Justice

Americans have rarely trusted their institutions less. In June, Gallup found average confidence in the 14 institutions it tracks was near a record low. Some 9% of the public trusted Congress, 27% trusted the Supreme Court, and 45% trusted the police. The criminal justice system, as a whole, ranked near the bottom.

Below those totals, however, lies a more telling story of divergence. Trust increasingly depends not on how an institution behaves, but on whether your side happens to run it. Republicans and Democrats each only have even a modest degree of confidence in Congress when their party is in control.

Keep ReadingShow less
What Comes Next for the 1 Million People Who Have Lost – or Will Soon Lose – Temporary Protected Status

People hold Haitian flags and signs during a July 2026 rally in San Diego in support of immigrants living in the U.S. with Temporary Protected Status.

What Comes Next for the 1 Million People Who Have Lost – or Will Soon Lose – Temporary Protected Status

At the beginning of President Donald Trump’s second term, 1.3 million individuals from 17 countries were living and working in the U.S. under Temporary Protected Status, or TPS.

TPS is a humanitarian form of protection from deportation for people who cannot return to their home countries because of an armed conflict, environmental disaster or other extraordinary circumstances.

Keep ReadingShow less