April 15, 2022

The Gaslighting of America

Our Constitution emerged from policy disagreements that were resolved through impassioned civil discourse. The founding fathers provided a model for solving the nation's complex problems that has lasted for centuries. Today, however, we are being pushed into dangerous territory by a determined minority willing to undermine our very democracy in exchange for power.

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February 28, 2022

Democracy Heroes & Threats: February 2022

A recent Boston Globe article detailing the vitriol experienced by local public officials is as relevant to our threatened democracy as this month’s selection of Democracy Heroes and Threats whose actions expose the continued danger from the Big Lie of election fraud. Local officials described obscenity-laced calls and emails, the release of personal information, frequent antisemitism, and meetings disrupted by unruly residents who have no interest in reasoned debate, only bullying tactics. 

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January 28, 2022

Democracy Heroes & Threats: January 2022

In the first month of this new year, America has observed the one-year anniversary of the insurrection at the United States Capitol Building, witnessed the Supreme Court’s evisceration of President Biden’s efforts to end the pandemic through vaccine or testing requirements on private businesses, and saw a stunning failure to pass federal voting rights legislation, notwithstanding the ongoing implementation of voter suppression measures throughout the country.

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January 26, 2022

Don’t be a silent bystander

If you think the loss of democracy can't happen here, read this important article in Justia by Amherst College Professor Austin Sarat and our Lawyers Defending American Democracy colleague, Dennis Aftergut.

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December 6, 2021

Democracy Heroes & Threats: December 2021

As 2021 draws to a close, we at Lawyers Defending American Democracy face the new year with hope, but also trepidation. At this time last year, we assumed that after four years of a president with a proclivity for authoritarianism and resistance to governing norms, the country would eagerly embrace the opportunity for bipartisan governance and new leadership that respects the rule of law. 

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December 1, 2021

Did the Supreme Court Lawsuit to Overturn the 2020 Election Violate Lawyer Ethics?

Have you ever wondered when a litigator’s actions could go beyond zealous advocacy for a client to constitute frivolous claims or knowingly false statements of law or material fact? Or, what kinds of actions could violate an attorney’s oath to support the Constitution of the United States?

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November 23, 2021

The Rittenhouse Case

For the past several days, we have been reading and thinking about the jury’s verdict in the Kyle Rittenhouse case. Our work at LDAD is based on a fundamental belief in our democratic institutions and the rule of law, so we are not inclined to second-guess jury verdicts.

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November 22, 2021

Taking Votes from the Voters

Last summer, LDAD warned about efforts by the states to overrule federal election results by empowering State legislatures to overrule the actual vote count whenever it disliked the result. Measures to do this, we noted, were afoot in some forty States and, if successful, would fundamentally change the American electoral system. At the time, we thought the threat to American democracy would be obvious and that a warning against the folly would be enough to divert the efforts.

We were wrong.

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November 10, 2021

Democracy Heroes & Threats: November 2021

Our democracy requires a spirit of decency, civility and unity with a common purpose for our common good, that we resolve our differences by seeking and speaking truth, and that we hold free and fair elections and respect their outcomes.

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November 10, 2021

November Update

The work of Lawyers Defending American Democracy is focused on protecting our democratic institutions and the rule of law. A core part of that work is seeking to hold lawyers and public officials accountable for violating their oath to protect the Constitution of the United States. That is, after all, the bare minimum that should be expected.

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