Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Legal community comes to the defense of the law against Trump's executive order blitz

Opinion

Legal community comes to the defense of the law against Trump's executive order blitz
low angle photography of beige building

President Donald Trump and several key members of his administration are criticizing judges who have halted parts of his second-term agenda, arguing that these judges overstep their authority in questioning his executive powers.

Vice President JD Vance has asserted that judges do not have the authority to oversee the executive powers of the Trump administration, as the White House faces a series of lawsuits to hinder its agenda. He expressed this view on X, stating, "Judges aren't allowed to control the executive's legitimate power." Vance's comments came shortly after a judge prohibited members of Trump's newly established advisory group, the Department of Government Efficiency (Doge), from accessing sensitive systems within the U.S. Treasury Department.


In the first three weeks of his presidency, Donald Trump has signed numerous executive orders, with critics claiming that some of these actions may have overstepped constitutional boundaries.

The legal community is sounding the alarm. "This statement from the president of the American Bar Association is a critical call-to-action to the entire legal profession," the Executive Director of Lawyers Defending American Democracy, Laurent Stiller Rikleen, told the Fulcrum. "The ABA's leadership at this moment is a vital voice in galvanizing the legal profession to act immediately to protect the rule of law in this country. The rest of the organized bar must similarly stand up as guardrails of our democratic institutions."

Here is the statement by William R. Bay, president of the American Bar Association:

It has been three weeks since Inauguration Day. Most Americans recognize that newly elected leaders bring change. That is expected. But most Americans also expect that changes will take place in accordance with the rule of law and in an orderly manner that respects the lives of affected individuals and the work they have been asked to perform.

Instead, we see wide-scale affronts to the rule of law itself, such as attacks on constitutionally protected birthright citizenship, the dismantling of USAID and the attempts to criminalize those who support lawful programs to eliminate bias and enhance diversity.

We have seen attempts at wholesale dismantling of departments and entities created by Congress without seeking the required congressional approval to change the law. There are efforts to dismiss employees with little regard for the law and protections they merit, and social media announcements that disparage and appear to be motivated by a desire to inflame without any stated factual basis. This is chaotic. It may appeal to a few. But it is wrong. And most Americans recognize it is wrong. It is also contrary to the rule of law.

The American Bar Association supports the rule of law. That means holding governments, including our own, accountable under law. We stand for a legal process that is orderly and fair. We have consistently urged the administrations of both parties to adhere to the rule of law. We stand in that familiar place again today. And we do not stand alone. Our courts stand for the rule of law as well.

Just last week, in rejecting citizenship challenges, the U.S. District Judge John Coughenour said that the rule of law is, according to this administration, something to navigate around or simply ignore. “Nevertheless,” he said, “in this courtroom and under my watch, the rule of law is a bright beacon which I intend to follow.” He is correct. The rule of law is a bright beacon for our country.

In the last 21 days, more than a dozen lawsuits have been filed alleging that the administration’s actions violate the rule of law and are contrary to the Constitution or laws of the United States. The list grows longer every day.

These actions have forced affected parties to seek relief in the courts, which stand as a bulwark against these violations. We support our courts who are treating these cases with the urgency they require. Americans know there is a right way and a wrong way to proceed. What is being done is not the right way to pursue the change that is sought in our system of government.

These actions do not make America stronger. They make us weaker. Many Americans are rightly concerned about how leaders who are elected, confirmed or appointed are proceeding to make changes. The goals of eliminating departments and entire functions do not justify the means when the means are not in accordance with the law. Americans expect better. Even among those who want change, no one wants their neighbor or their family to be treated this way. Yet that is exactly what is happening.

These actions have real-world consequences. Recently hired employees fear they will lose their jobs because of some matter they were assigned to in the Justice Department or some training they attended in their agency. USAID employees assigned to build programs that benefit foreign countries are being doxed, harassed with name-calling and receiving conflicting information about their employment status. These stories should concern all Americans because they are our family members, neighbors and friends. No American can be proud of a government that carries out change in this way. Neither can these actions be rationalized by discussion of past grievances or appeals to efficiency. Everything can be more efficient, but adherence to the rule of law is paramount. We must be cognizant of the harm being done by these methods.

Moreover, refusing to spend money appropriated by Congress under the euphemism of a pause is a violation of the rule of law and suggests that the executive branch can overrule the other two co-equal branches of government. This is contrary to the constitutional framework and not the way our democracy works. The money appropriated by Congress must be spent in accordance with what Congress has said. It cannot be changed or paused because a newly elected administration desires it. Our elected representatives know this. The lawyers of this country know this. It must stop.

There is much that Americans disagree on, but all of us expect our government to follow the rule of law, protect due process and treat individuals in a way that we would treat others in our homes and workplaces. The ABA does not oppose any administration. Instead, we remain steadfast in our support for the rule of law.

We call upon our elected representatives to stand with us and to insist upon adherence to the rule of law and the legal processes and procedures that ensure orderly change. The administration cannot choose which law it will follow or ignore. These are not partisan or political issues. These are rule of law and process issues. We cannot afford to remain silent. We must stand up for the values we hold dear. The ABA will do its part and act to protect the rule of law.

We urge every attorney to join us and insist that our government, a government of the people, follow the law. It is part of the oath we took when we became lawyers. Whatever your political party or your views, change must be made in the right way. Americans expect no less.


Read More

gavel on top of a US flag
a judge's gavel on top of a flag
Photo by Bermix Studio on Unsplash

60 Former DOJ Attorneys Oppose California Election Lawsuit

Sixty former Department of Justice attorneys from both Democratic and Republican administrations are urging a federal appeals court to reject the Justice Department's last-minute intervention in California's election. They argue that the intervention violates longstanding department policies designed to prevent election interference. The former officials cite guidelines such as Justice Manual Section 9-85.500, which advises against overt investigative or prosecutorial steps near an election, and the department's non-interference policy, which seeks to avoid actions that could affect election outcomes or integrity.

In an amicus brief filed by the Brennan Center for Justice at NYU Law and Complex Appellate Litigation Group LLP, the former officials argue that DOJ is taking the unusual step of seeking election-related relief just days before the midterm election, contrary to department policies that discourage such actions near Election Day. They say these policies aim to prevent election interference, discourage voter participation, or disrupt election administration. The brief cites United States v. Cohen, 152 F.3d 321 (4th Cir. 1998), where courts recognized the importance of avoiding last-minute changes to election procedures. The amici also cite Purcell v. Gonzalez, 549 U.S. 1 (2006), in which the Supreme Court cautioned against altering election rules close to an election, as such changes can cause confusion and undermine public confidence in the electoral process.

Keep ReadingShow less
Shadow on a wall of Judge hitting gavel in court, concept of justice, law, and legal protection

DOJ lawsuits in Alaska and California preview post-Election Day fights over certification and seating winners. Here’s how officials and voters can prepare.

Aitor Diago / Getty Images

The Lawsuits Will Lose. The Delays Will Still Win.

Less than two weeks before Election Day, President Trump’s Justice Department asked a federal court to stop Alaska from certifying its U.S. Senate race if Republican Sen. Dan Sullivan loses to Democrat Mary Peltola. The lawsuit claims that a second candidate on the ballot, Daniel J. Sullivan, will confuse voters. That argument went nowhere in June, when the Alaska Supreme Court ruled that the state had no legal way to remove him from the ballot. Asked about the suit, the president took credit. “I’m the one that said do it,” he told reporters.

Alongside the Alaska suit, the Trump administration sued California to keep the state from counting mail ballots from 20,000 people it calls “likely” noncitizens. Over the summer, the Department of Homeland Security put that number at 190,000. Legal experts expect both suits to fail, as so many suits like them have. Still, Alaska and California give us an early look at what the weeks after November 3rd could bring: recount demands, calls to review or throw out ballots, and pressure to delay seating winners.

Keep ReadingShow less
Shadow on a wall of Judge hitting gavel in court, concept of justice, law, and legal protection
The Rule of Law depends on action, not blind optimism. Explore how critical hope, civic engagement, and accountability can strengthen democracy.
Aitor Diago / Getty Images

The Law Was Supposed to Be a Shield. I Found the Bars.

I used to believe that learning the law meant learning the architecture of protection.

I believed statutes existed because someone, somewhere, had anticipated injustice and decided certain lines should never be crossed. I believed due process meant power could not simply declare itself correct. I believed whistleblower protections, grievance procedures, public-records laws, administrative review and courts formed a structure designed to restrain institutional misconduct.

Keep ReadingShow less
​Christa Pike

Christa Pike in an undated photo.

(Tennessee Department of Correction/ZUMA Press/TNS)

How death penalty opponents share the blame for botched executions

“Botched” is a perfectly fine word for golf, cooking, or home repair. It seems inadequate for the taking of a life, even the life of Christa Pike, a heinous murderer.

In 1996, a jury found Pike guilty of the torture and murder of her Jobs Corps classmate, Colleen Slemmer. Pike was sentenced to death. In the 30 years since, her case has gone through at least seven major rounds of appeal and judicial review, including four petitions to the Supreme Court. All were rejected. This doesn’t even include the many more attempts to reopen or reverse her sentence that went nowhere. She is guilty, lawfully and rightly convicted.

Keep ReadingShow less