Speak Up for Justice Returns With Panel Discussion on Defending the Rule of Law
By Manny Marotta, FTC law clerk
Speak Up For Justice, the nonpartisan group founded earlier this year by L.A.-based attorney Paul Kiesel to promote judicial independence and affirm respect for the rule of law, convened a discussion on Oct. 23 featuring some of the nation’s most prominent lawyers. The event focused on the growing threats to judges’ safety, the dangers of political attacks on the courts and the vital role lawyers play in defending democracy.
Panelists included trial lawyer David Boies, criminal defense attorney Mark Geragos, litigator Patricia Glaser, former ABA president Stephen Zack, Lawyers Defending American Democracy president Lauren Stiller Rikleen, and Lawyers for Good Government founder Traci Feit Love. Kiesel served as moderator.
Boies opened the discussion by reminding the panel that the rule of law “is essential to who we are as a people and what we hope to become,” urging that it not be viewed as a partisan issue. Boies emphasized that predictability is a cornerstone of the rule of law, and he warned that attacks on judges have become increasingly severe over the past quarter century, which might spark further instability in the legal profession.
Geragos followed with a warning about the implications of the Supreme Court’s growing shadow docket, describing a recent case in which an order restraining ICE raids in Los Angeles was overturned without full briefing or argument. He said the episode should “scare people,” adding that a person’s appearance should never serve as “reasonable suspicion” of immigration status. Geragos cautioned against an ongoing undermining of the judiciary’s safety and credibility.
Glaser criticized what she described as the Supreme Court’s disregard for stare decisis, the doctrine of respecting precedent, which she said has led to growing unpredictability in the law. She also noted that voters remain focused on economic challenges and do not yet see judicial independence as a pressing issue.
Zack, a Cuban immigrant, reflected on the trauma that those who flee authoritarian regimes undergo. When there is turmoil in a democracy like ours, he said, “We turn to our lawyers, not to our generals,” which makes us different from most countries on earth.
Rikleen, of Lawyers Defending American Democracy, emphasized accountability for attorneys who betray their professional oaths, and finally, Feit Love described her organization’s (Lawyers for Good Government) nationwide pro bono initiative mobilizing lawyers to combat unlawful administrative actions and provide direct legal aid.
“We firmly believe that lawyers have both the ability and the moral and ethical responsibility to protect our democracy,” she said.
The event concluded with a call to action for members of the legal community to defend judicial independence and the rule of law amid rising threats.
Speak Up For Justice is expected to continue hosting monthly conversations in the months ahead.