American democracy, the Constitution and the rule of law are the righteous causes of our times, and the nation’s legal profession is obligated to support them. But with the acquiescence of the larger conservative legal movement, these pillars of our system of governance are increasingly in peril. The dangers will only grow should Donald Trump be returned to the White House next November.
Recent reporting about plans for a second Trump presidency are frightening. He would stock his administration with partisan loyalists committed to fast-tracking his agenda and sidestepping - if not circumventing altogether - existing laws and long-established legal norms.
They cite Trump’s already publicized plans to appoint public officials investigate and exact retribution against his political opponents; remove federal public servants at will; and invoke special powers to seize control of First Amendment-protected activities, criminal justice, elections, immigration and more.
The “guest essay” continues with praise for the few lawyers in the first Trump administration who stood up to his excesses, and a warning that legal checks and balances would be largely absent from his second:
Alarming is the growing crowd of grifters, frauds and con men willing to subvert the Constitution and long-established constitutional principles for the whims of political expediency.
The actions of these conservative Republican lawyers are increasingly becoming the new normal. Any legal movement that could foment such a constitutional abdication and attract a sufficient number of lawyers willing to advocate its unlawful causes is ripe for a major reckoning.
Our country is in a constitutional emergency, if not a constitutional crisis.
NYT VIA The Guardian.