The Rule of Law is Under Attack. What Are We Going to Do About It?

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“These are extraordinary times. As lawyers and as guardians of the third branch of government, we have a unique duty to lead our nation in the protection of judges, the rule of law and American democracy. The time has come to rededicate ourselves to our obligations.”

This is the recent charge from American Bar Association (ABA) President Mary Smith, calling on each of us to affirmatively act to protect the rule of law.1 Her letter drew attention to an alarming trend of attacks on our courts, judges, and the legal system itself. The U.S. Marshals Service recently reported that serious threats against federal judges have doubled since 2021.2 These include threats of physical harm or death made not only to judges but to their families and staff. It is notable that the spike started after the 2020 presidential election, when our courts heard a series of highly politicized cases that polarized American society. 

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