Not too long ago, stating that America was a rule of law country would have been as obvious as saying that Phil Collins didn’t have to go that hard on the Tarzan soundtrack — some things are just obviously true.
Things are different now. Before you get nervous, I want you to remain calm; You’ll Be In My Heart is still a top-tier power ballad. Now that that’s out of the way, things aren’t looking too good for the rule of law. Recently, the official White House page posted what has to be the most un-American thing ever posted on the page, a crowned sitting president:
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This iconography comes when the Executive is flirting with power grabs aimed squarely at rule of law norms like judicial review. The American Bar Association recently penned an open letter condemning the Executive’s preemptive disregard for the judiciary, asking lawyers to defend the rule of law and all they got was completely cutoff from executive agencies.
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They aren’t the only ones making these statements. The Association of American Law Schools recently joined the chorus. Here’s an excerpt of their statement:
We are very concerned by recent statements by elected officials and administration representatives that put into question courts’ authority to review the legality of executive action.
…
Defiance of court orders by our government is incompatible with our constitutional democracy. Congress and the courts must take all appropriate actions to uphold the rule of law and protect the authority of the judicial branch and the Constitution. The Association therefore joins the American Bar Association in its statement condemning “remarks questioning legitimacy of courts and judicial review” and in calling “for every lawyer and legal organization to speak with one voice and to condemn the efforts of any administration that suggests its actions are beyond the reach of judicial review.”
Will this cause the FTC or some other letter organization to respond with a letter banning employees from associating with the AALS like they did with the ABA? Probably, but that won’t stop institutions from advocating for the rule of law rather than the rule of one. Generations of Americans fought too hard for democracy for it to be undone by some reality TV show star or billionaire that can’t handle softball interview questions from Don Lemon.
STATEMENT OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS ON EXECUTIVE BRANCH COMPLIANCE WITH COURT ORDERS [Association of American Law Schools]
Earlier: FTC Cuts Ties With American Bar Association
Thousands Of Lawyers Sign Open Letter To Defend The Rule Of Law From Executive Attack
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s. He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at [email protected] and by tweet at @WritesForRent.