Law ≠ Power: How Legal Academia Enabled Trump’s Assault on the Rule of Law

In Persuasion, law professor Rebecca Roiphe argues that decades of critical legal theory have undermined the legal profession’s ability to defend against Trump’s authoritarian legal agenda. Rooted in 1970s-era legal academia, the idea that law is merely a tool of power has shaped generations of lawyers. Trump’s view of law—as something to weaponize for political gain—mirrors this critique, but with authoritarian intent. From coercing law firms to serve MAGA causes to undermining judicial independence, his administration has exploited this weakened conception of legal neutrality, leaving the rule of law dangerously exposed.

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