ACLU: The Rule of Law Is Non-Negotiable | Opinion

In the first 100 days of the second Trump administration, we've witnessed unprecedented attacks on our rights, targeting vulnerable communities and undermining our democracy. In that time, the amount of overreach from the executive branch has been staggering. President Donald Trump has issued orders and actions that attempt to end birthright citizenship, end asylum, end climate protections, discriminate against transgender people, end diversity, equity, and inclusion (DEI) policies, expedite deportations without due process, undermine free speech rights for all, defund organizations or institutions that don't align with his administration, deport international students for their beliefs, and target law firms, lawyers, and judges for upholding the rule of law.This list is only part of the larger onslaught of executive actions that are attempting to remove fundamental pillars of our free and democratic society.I became a lawyer because of the Constitution's prescription that we the people have the power to hold our government accountable. Inspired by legendary figures who came before me, I became a civil rights lawyer to protect and defend the rights and liberties essential to our democracy.Throughout grade school, college, and law school, I was taught that the Constitution lays out the structure and powers of each branch of government, and importantly, the limits of those powers—and the Bill of Rights describes our rights against the government.Right now, these very rights, our values, and our communities are under attack by the current administration. In his effort to systematically eviscerate checks and balances on his own power, President Trump has taken aim at the legal system, including lawyers and the judiciary. He's issued more than a half dozen directives targeting law firms and individual lawyers because they have represented clients he opposes, brought litigation he dislikes, or taken positions he sees as adversarial. He's targeting those who are filing lawsuits that attempt to hold him accountable for his unconstitutional actions. He's criticized judges that have ruled against him, calling them "radical left lunatics." And just days ago, the FBI arrested Milwaukee County Circuit Court Judge Hannah Dugan in a blatant effort to chill and intimidate.At the ACLU, we and our partners across the ideological spectrum are using all of our tools to push back. Our work to uphold the rule of law is about more than defending colleagues in an industry we share; it's about recognizing that once the president targets one firm, organization, or judge, he can—and will—target all. And once the precedent is set, future presidents can continue to abuse the office to demand loyalty from law firms and other institutions.Core constitutional principles are at grave risk because of President Trump's actions. The First Amendment protects lawyers' advocacy on behalf of clients, and it prohibits the government from punishing advocacy with which it disagrees. In our adversarial legal system, due process and separation of powers require that judges rely on lawyers willing to challenge the government to assess whether there have been constitutional violations. By targeting those who disagree with him, the president is intending to chill advocacy against his positions, hoping to silence opposition through fear.Constitutional rights are afforded to all, not just a select few. And the true strength of our rights is determined by how willing all of us are to safeguard them, especially in times of turmoil. Allowing the president to dictate what lawsuits are filed or what clients are represented undermines the rule of law and threatens the independence of our judiciary. That's one of the reasons it has been so disheartening to see some law firms acquiesce to the president's demands.If the nation's most powerful law firms and civil society organizations don't stand up for our rights and our democracy, who will?Our democracy, especially our historical adherence to the rule of law and an independent judiciary, has been the envy of burgeoning democracies around the world, and for good reason. Our laws exist to prescribe the bounds in which the government can operate. Executive overreach will quickly eradicate that fabric of our society.In this unprecedented moment, all of us share an equal stake in preserving the fact that the rule of law is non-negotiable. Law firms, nonprofit organizations, universities, and the public at large must reject attempts to diminish our democracy. This is not about our current president—it's about the future of our country. This is not about partisanship, it's about patriotism.I have faith that our democracy will endure, as long as we the people are there to defend it.Amol Sinha is a civil rights attorney and the executive director at the ACLU of New Jersey, where he oversees litigation and advocacy to advance the rights of all New Jerseyans. The views expressed in this article are the writer's own.