Bedrock of Our Democracy. Lawyers, ABA on front lines in protecting the rule of law

• Author: Patricia Lee Refo
• Pages: 6-6

One of the American Bar As-

sociation’s four core goals

is to “Advance the Rule of

Law.” This has always been

and will always be front and center for

our association and profession.

The rule of law, while not always

easy to dene precisely, ensures an

orderly, just society. It creates a system

where laws are enacted by democrati-

cally elected representatives. It means

no one is above the law, and no one is

beneath it—the law treats all equally,

and everyone is held accountable in the

same way. It demands the enforcement

of laws be clear and fair, the judiciary

be independent and all persons be guar-

anteed fundamental human rights.

While the rule of law has been the

foundation of America since its birth,

recent events and unprecedented attacks

on our institutions underscore the need

to remain vigilant about protecting it.

The COVID-19 pandemic, ongoing ra-

cial injustice and attempts to disrupt the

peaceful transfer of presidential power

have all highlighted broader challenges

around justice in America.

The pandemic has created or

intensied legal problems for under-

served communities involving threats

of eviction, debt repayment, govern-

ment benets and increases in domestic

violence. As lawyers, we can contribute

time, treasure or talent to addressing

these unmet legal needs. The pandemic

also triggered passionate debates over

the reach of government in people’s

lives, including the legality of public

health mandates where civil liberties are

at stake. Lawyers have a responsibili-

ty to contribute to these debates with

civility, thoughtfulness and productive

solutions.

Recent events have also laid bare—

again—the racism and inequities that

infect our legal and justice systems.

The rule of law calls for the equal

enforcement of and accountability to

the law. Our justice system has not lived

up to this ideal and does not live up

to it today.

At the ABA, we have enhanced

our work on racial equity, including

through our Center for Diversity and

Inclusion in the Profession, our entities

and the launch of the Legal Education

Police Practices Consortium, address-

ing police practices in partnership with

more than 50 law schools.

The rule of law was shockingly put

to the test Jan. 6, when the peaceful

transfer of power was threatened by

false claims of voter fraud and a violent

mob at the Capitol. While the 2020

election results were contested, the rule

of law ultimately prevailed. Claims

were investigated, audits and recounts

conducted, and dozens of lawsuits chal-

lenging the election results were care-

fully and openly considered by indepen-

dent courts, including the U.S. Supreme

Court. People are free to disagree with

any court’s decision. They are not free

to disobey it.

The events of the past year have

reminded us that the rule of law can be

fragile if not actively protected. Now

is the time for lawyers to help educate

Americans on the rule of law’s impor-

tance. This year’s Law Day theme is

“Advancing the Rule of Law, Now,”

reminding us that we the people share

the responsibility to promote the rule of

law, defend liberty and pursue justice.

Across the country, lawyers will cele-

brate Law Day by leading or participat-

ing in school and community programs

that reinforce the concept, as Ben

Franklin is purported to have remarked,

that our government is not a monarchy

but “a republic, if we can keep it.”

Lawyers also can advance the rule of

law through the ABA’s annual grass-

roots lobbying effort—“ABA Day 2021:

Advocacy for Justice”—on April 20-21.

Through advocating for Legal Services

Corp. funding, you can support legal

aid agencies across the country and

use your inuence to increase access

to justice and assist in creating a more

equitable system.

Lawyers are on the front lines in

advancing the rule of law. We must con-

stantly strive to improve our institutions

in service to the rights of all to justice,

fairness and equity. The ABA and bar

associations throughout the nation

stand ready to support your work. Q

Bedrock

of Our

Democracy

Lawyers, ABA on front lines

in protecting the rule of law

BY PATRICIA LEE REFO

President’s Letter Follow President Refo on

Twitter @ABAPresident or email

abapresident@americanbar.org.

Now is the time

for lawyers to help

educate Americans

on the rule of law’s

importance.

Photo courtesy of ABA Media Relations

ABA JOURNAL | APRIL–MAY 2021

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