This article argues that lawyers can be key agents of democratic backsliding, using legal tools to erode institutions and legitimize autocracy, and calls for reforms to strengthen the profession’s role in defending democracy.
In backsliding democracies where autocrats manipulate legal systems to entrench power, attorneys play a crucial dual role as defenders of constitutionalism and civic educators, documenting abuses, challenging authoritarian legal reforms, and empowering the public to recognize and resist the legalistic tools of autocracy.
In February 2011, Chinese authorities detained numerous online activists and rights lawyers to suppress potential Arab Spring. This inspired unrest, using harsh interrogation and intimidation tactics, which later sparked public debate and legal critique over China’s criminal procedure laws.
On May 1, 2025, attorneys across California rallied in defense of judicial independence as part of the national Law Day of Action. In cities like San Francisco, Los Angeles, and Sacramento, lawyers gathered to oppose the Trump administration’s attacks on the judiciary, chanting slogans like “Hands off our courts” and reaffirming their oath to uphold …
A new Reuters investigation has uncovered a disturbing wave of threats and harassment directed at U.S. federal judges and their families after rulings against the Trump administration. At least 11 judges and their relatives have been targeted, with incidents ranging from online death threats and doxxing to bomb scares, “swatting” incidents, and anonymous pizza deliveries …
On May 2, 2025, prominent attorney Abbe Lowell—known for representing Hunter Biden—announced the launch of Lowell & Associates, a new law firm dedicated to defending former government officials and institutions facing politically motivated investigations under the Trump administration. The firm includes former lawyers from Skadden Arps and Winston & Strawn who left over concerns about …
On May 2, 2025, U.S. District Judge Beryl Howell permanently struck down an executive order issued by former President Donald Trump that targeted the law firm Perkins Coie. The order, which revoked security clearances and government access for all Perkins Coie employees, was ruled unconstitutional. Judge Howell emphasized the unprecedented nature of the order, stating …
Over 1,100 law students—30% from top 14 law schools—signed an amicus brief supporting Susman Godfrey’s lawsuit challenging a Trump executive order that threatens its attorneys and clients. The brief signals growing student resistance toward Big Law firms that negotiated with the Trump administration for immunity from the order. Many students are now rethinking summer positions …
Since January 2025, over 250 attorneys—roughly 70%—have left, been reassigned, or accepted deferred resignation offers from the U.S. Department of Justice’s Civil Rights Division, signaling an unprecedented weakening of the agency responsible for enforcing federal civil rights law. This mass exodus follows the appointment of Trump ally Harmeet Dhillon, who has refocused the division’s priorities …
On May 1, 2025, over 1,500 lawyers gathered at Foley Square in New York City—and thousands more across 50 U.S. cities—as part of the National Law Day of Action to protest President Trump’s attacks on the legal system. Organized by legal professionals, the demonstrations highlighted growing concern over the president’s efforts to undermine the judiciary, …