In a conversation with Amsterdam Law School, Professor Scott Cummings (UCLA) warns that the United States is undergoing severe democratic backsliding during Donald Trump’s second term. According to Cummings, Trump is systematically attacking independent institutions like courts, the press, and universities — notably pressuring Harvard by threatening its charitable status. Trump is also targeting the legal profession with executive orders discouraging firms from representing interests opposing his agenda, especially in immigration cases.
Cummings argues that democracy is being undermined not through violence, but through strategic use of law, exploiting loopholes to consolidate executive power. Lawyers are key players in this battle: while some aid Trump’s efforts, others are being targeted for resisting. Historically, lawyers have often served power rather than purely democratic ideals, and Cummings stresses that the legal profession’s complicity — or resistance — will be critical for the future of democracy.
He emphasizes that the Trump team is learning from autocratic models abroad, particularly Hungary, and that the U.S. is at a critical juncture. While the situation is dire, Cummings maintains that hope and collective resistance, especially by law firms, students, and academics, are essential. Academics must use their platforms to expose threats to democracy, and young lawyers must be encouraged to work for institutions that uphold democratic values.