Adjunct Professor Jerry Goldfeder authored an article in The New York Law Journal which discussed the aftermath of the 2020 election and the responsibilities that legal professionals carry in preserving the democratic process.
In May 2019 I had the privilege of addressing the graduating class of Fordham Law School. One of my themes was that lawyers have a significant role in preserving our constitutional democracy. My short-hand admonition was “Save the Republic.” I had already raised a concern that peaceful succession might be elusive (“A Donald Trump Coup if He Loses in 2020?”, USA Today, March 14, 2019), but little did I appreciate how imperative our task would be following the presidential election.
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As lawyers, we have a special obligation, and opportunity, to respond to such norm-busting conduct that threaten our republic. In fact, various bar associations have already stepped up to the plate. For instance, the New York City Bar Association recently issued a report on the rule of law and lawyers’ “important, even indispensable, roles … in making democracy work.” See The Consent of the Governed: Enforcing Citizens’ Right To Vote. After a comprehensive summary of voting issues, the NYCBA suggests how lawyers can defend the rule of law, by (1) affirmatively using litigation, (2) advocating legal reform in bar associations, (3) modeling democratic values as law school professors, and (4) asserting leadership in civic and other community organizations.