Skip to content
Search

Latest Stories

Follow Us:
Top Stories

The Supreme Court and the rule of law

Supreme Court
Wikimedia

Rikleen is executive director of Lawyers Defending American Democracy and the editor of “Her Honor – Stories of Challenge and Triumph from Women Judges.”

Events are now occurring at a breathtaking pace that leaves us in a perpetual cycle of breaking news and ramped-up emotions. Yet, within this maelstrom, our north star must be the rule of law — and protecting it when endangered.

The rule of law is endangered when a presidential candidate is nearly assassinated at his own rally by a 20-year-old armed with a semi-automatic rifle, whose accuracy killed a father shielding his family. It is further endangered by those who use this tragedy for political advantage, casting blame in the absence of a known motive as to why an unstable young man with access to a gun wreaked havoc on the country.

Each time the rule of law is weakened, our country becomes further at risk.


The very foundation of the rule of law rests on the public’s trust and confidence in our justice system. In the past two weeks, that confidence and trust has been shaken to its core. After another term featuring a series of sweeping decisions demonstrating broad judicial overreach, the Supreme Court has now demonstrated that the public can no longer place its trust and confidence in this court’s decisions.

In its most recent departure from the norms and principles that have guided the court historically, the radical Roberts majority decided that a president is essentially immune from prosecution. In a decision that went much further than it needed to go, but not far enough to provide any guidance for the lower courts, the majority abandoned a fundamental principle that courts must decide the facts that are before it, not the facts that judges and justices want.

Instead, Chief Justice John Roberts crafted a decision to match the majority’s ideology, which is extreme.

It is a misnomer to refer to the Roberts majority as conservative, as commentators often do. This country has lived through courts that expressed both traditionally liberal and traditionally conservative ideologies for decades. Rather, the Roberts majority represents an extreme viewpoint that violates centuries of constitutional principles in its decisions.

The court’s decisions have also done a disservice to the vast majority of lower federal court judges who daily seek to uphold the ideals of our justice system in a reasoned framework, based on precedent and the facts before them.

And that leads to the decision by one lower court judge who has embraced the openings that the Supreme Court created to issue rulings — or otherwise fail to do so – when it suited an agenda. After slow-walking the classified documents criminal case against former President Donald Trump for more than a year, Judge Aileen Cannon has now dismissed it entirely.

In doing so, Cannon has finally succeeded in what has seemed to have been her goal from the outset: Delay the case and deny any effort to seek justice. Of particular significance in her written ruling, Cannon cites several times Justice Clarence Thomas’ concurrence in the presidential immunity case in which he mused that special counsel Jack Smith’s appointment violated the law — an invitation for future litigation that even the radical majority did not include in its decision.

In effect, Thomas set forth a dispiriting call to which Cannon eagerly responded, leaving the rule of law in tatters.

Cannon has now earned her reputation as a radical who, like the Roberts majority, has continually demonstrated adherence to an ideological agenda that is at odds with principles of the rule of law.

None of us, however, can take time for lamenting. We cannot be a bystander to the dismantling of the rule of law and our democratic institutions.

Instead, we must ensure that our justice system survives these difficult times. There are organizations that need your talents, community forums that need your ideas, and myriad ways to serve as a convener and participant in civil discourse that can help reverse the current threats.

We have no other choice but to join together and save the rule of law. The risk is too real for us to think someone else will do the job.


Read More

Donald Trump

President Donald Trump speaks before signing the Secure America Act in the Oval Office of the White House on June 10, 2026 in Washington, DC.

(Photo by Alex Wong/Getty Images)

Federal Court Blocks Trump’s ‘Loyalty Question’ on Civil Service Job Applications

A court’s decision to block the Trump administration from including a “loyalty question” on federal job applications was a win not only for the nonpartisan civil service, but also for the communities public employees serve, said one labor leader whose union was among the plaintiffs in the case against the Office of Personnel Management.

Patrick Moran, president of the American Federation of State, County, and Municipal Employees (AFSCME) union, said Friday that the loyalty questions the OPM placed on job applications for public servants were a “blatantly illegal attempt to hire partisan cronies who would endanger our communities by putting politics before people, rather than dedicated, qualified public service workers.”

Keep ReadingShow less
​U.S. standard certificate of live birth application form next to flag of USA.

U.S. standard certificate of live birth application form next to flag of USA.

Getty Images

Birthright Citizenship Explained: History, SCOTUS Rulings & Executive Orders

Birthright citizenship has been part of American law for more than 150 years. As the American public continues to see challenges against its constitutionality, brought on by the Trump administration, it is important to remember why.

After the Civil War, Congress adopted the 14th Amendment in 1868 to overturn Dred Scott v. Sandford (1857), which had denied citizenship to Black Americans, dampening their federal protections. While the 13th amendment had abolished slavery a few years earlier, Free Black Americans were considered noncitizens by many, and thus had to work around a separate set of laws, meaning they could never be fully integrated as members of American society. In response to this issue, the 14th Amendment declares that all persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States.

Keep ReadingShow less
Scales of justice
a golden scale with an eagle on top of it

A Real Test for “Lawfare” Must Protect Allies and Enemies Alike

“Lawfare” is becoming a word that ends arguments instead of clarifying them. When Donald Trump or his allies are prosecuted, many on the right call the case political. When the Trump administration investigates critics, many on the left call it retaliation or “score-settling.” Sometimes those accusations are justified. Sometimes they are partisan reflexes. A label that changes with the identity of the defendant is not a rule of law.

The hard cases are not the ones with a public order to punish an enemy. They are cases with mixed facts: a real investigative predicate, a politically active target, disputed timing, later changes in treatment, and no contemporaneous record the public can inspect. Those cases require something better than “trust the prosecutors” or “trust the accused.” They require an auditable standard.

Keep ReadingShow less
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