Our nation’s adversary system is a basic element of the Rule of Law on which our constitutional structure rests and the heart of this system is the right to select one’s own counsel of choice.
We believe the Rule of Law and our legal system are in grave danger, and it is imperative that members of the legal community and its leaders speak out publicly to denounce the current Administration’s unprecedented and unconstitutional actions to prevent its political opponents from having access to legal counsel and to muzzle and restrain a profession that is essential to the administration of justice.
Finally, we abhor any retaliatory actions taken against lawyers and law firms that undermine their ability to undertake essential pro bono services.
FAQ on the Rule of Law
What is the rule of law?
The rule of law is a public system of rules, institutions, and norms embodying the principle that all members of a society are subject to the same laws and legal processes, and are entitled to the fair, transparent, and consistent application of the laws. This principle is enshrined in the U.S. Constitution and is foundational to basic American notions of fairness, security, and freedom.
Why is the rule of law important?
The rule of law guards against the targeting of individuals or institutions for political reasons by ensuring that the rights of every person are protected through laws that hold private citizens and public officials equally accountable, and through courts and federal agencies that operate independent of political influence. The rule of law also requires that those accused of wrongdoing have the right to fair and accessible legal processes, including the right of individuals and institutions to defend themselves with a lawyer of their choosing.
How is the rule of law being undermined by the current administration?
The current administration has taken a number of steps that threaten the rule of law. These actions include issuing executive orders designed to retaliate against law firms that have provided pro bono representation to individuals disfavored by the current administration, thus attacking an essential element of the legal system under the Constitution: the adversary system of justice.
The adversary system provides that all parties to a case have the right to present their side in court. Inherent to this system is the constitutional right of parties to be represented by an attorney. The administration’s executive orders interfere with this right by attempting to punish firms for their representation of specific clients disfavored by the administration.
Faced with executive orders that cripple their ability to represent clients in government-related matters, some firms have entered into agreements with the administration to abolish certain internal firm programs and to provide millions of dollars in pro bono assistance to clients the administration favors. Other firms have entered into similar agreements under the mere threat of being targeted. In contrast, a group of other firms have chosen to sue to protect their right to function independent of government interference.
How is DC Leaders for the Rule of Law addressing the administration’s actions?
DC Leaders for the Rule of Law is responding to the current administration’s actions by vigorously defending the right of attorneys and firms to serve clients of their choosing independently and ethically, even if those clients are unpopular or even condemned in the eyes of others. We have filed amicus briefs in support of firms that have chosen to fight the administration’s unconstitutional executive orders. Individual bar leaders also have spoken out publicly to raise awareness of the danger that the administration’s actions pose to the rule of law in the United States.
DC Leaders for Rule of Law 