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

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
How Lawyers Protect America’s Democracy and Rule of Law
person in orange long sleeve shirt writing on white paper
Photo by Romain Dancre on Unsplash

How Lawyers Protect America’s Democracy and Rule of Law

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
Impunity: Democracy and the Toll of Unchecked Harm

Lady Justice

Photo provided

Impunity: Democracy and the Toll of Unchecked Harm

Impunity is not only the failure to punish. It is a public answer to the question of whether harm matters.

Every democracy must repeatedly answer the question of impunity. When public trust is violated, or when law itself is manipulated or attacked, penalties matter. But the deeper question is whether a society can recognize injury and prevent further harm when it has lost the ability to clearly name wrongdoing.

Keep ReadingShow less
Person speaking in front of other people with a micrphone in their hand.

State Rep. James Talarico accused his U.S. Senate opponent, Texas Attorney General Ken Paxton, of voter fraud after a ProPublica-Texas Tribune report. Last week, Paxton hit back with similar accusations.

Aiden Gonzalez/The Texas Tribune

James Talarico Accused Ken Paxton of Voter Fraud. His Own Voter Registration Is Raising Questions.

Texas state Rep. James Talarico voted in five elections using his parents’ address after purchasing a home for himself nearby, a practice that may have violated state voting laws, ProPublica and The Texas Tribune found.

This comes weeks after Talarico accused Attorney General Ken Paxton, his opponent in the race for U.S. Senate, of voter fraud for similar actions. The news organizations reported in July that Paxton voted using an address where his estranged wife, state Sen. Angela Paxton, said he hasn’t lived for two years.

Keep ReadingShow less