,
Since returning to office, Donald Trump has often called the US legal system into question. He has criticised , challenged the role of the courts and insisted in support of his administration鈥檚 causes to make up for working for some of his political opponents.
Meanwhile, Vice-President J.D. Vance has advised US Supreme Court chief justice John Roberts that he ought to be of the lower courts.
And , deputy White House chief of staff, said: 鈥淲e are living under a judicial tyranny,鈥 after the US Court of International Trade ruled the president didn鈥檛 have the power to impose international trade tariffs. Meanwhile, judges are asking for to protect them from threats.
Trump鈥檚 federal investigations and volley of executive orders (presidential directives that don鈥檛 require legislative approval by Congress) have also put enormous pressure on law firms. And shows that both trust in law firms鈥 independence, and even the itself, is perceived as under threat in the US. But what does this mean, and why is it important?
The president has taken action against law firms in two prominent ways:
First, by federal investigation. Specifically, letters to a group of 20 law firms from the . These demanded information about their , based on the proposition that any sort of treatment of underrepresented groups that appeared preferential to them in policy, or practice, was unequal treatment for other groups, and, consequently, .
Second, the president has passed numerous introducing punitive measures on specific law firms that previously represented clients opposing his administration, or employed attorneys involved in past investigations . His administration has also revoked government contracts and suspended security clearance from buildings. In practice, the orders would prevent attorneys from accessing from where they work, such as .
In response, some prominent law firms have sought to mitigate the fallout with the Trump administration by entering into agreements with it. These have included pledging US$1 billion (拢730,000,000) in pro bono (free) supporting causes aligned with Trump鈥檚 agenda.
For example, support for veterans, , and antisemitism prevention. Noteworthy is that law firm Paul, Weiss, Rifkind, Wharton & Garrison have now to discontinue certain DEI policies, in addition to committing US$40 million (拢29.4 million) in pro bono work for the president鈥檚 causes. In response the Trump administration has now .
More broadly, it has been that 70% of the attorneys are leaving their posts. The mass exodus is believed to be part of attempts to reshape the division into one focused on enforcing executive orders.
The consequences of these developments are that the president鈥檚 actions have led to a significant realignment in the legal professions. Some US attorneys have reported that law firms are now that could be viewed as opposing the administration鈥檚 policies.
By contrast, some lawyers are now trying to aimed at defending civil servants and challenging federal overreach, ensuring at least some, albeit less resourced, support for underrepresented groups.
Other lawyers have sought as unconstitutional interference. Some of these have led to success. For example, challenged theirs and got it struck down. The concern here centred around their representation of Democratic presidential candidate Hillary Clinton. In arriving at the decision, the district judge ruled the president鈥檚 actions to be an .
Why this matters
These developments call into question the balance between governmental influence and the independence of lawyers in upholding the rule of law. Lawyers must be in order to effectively represent their interests, and allow the judiciary to fulfil their duty of on the government鈥檚 decisions.
When unfettered power is wielded by the government, and the law is undermined, scope for monitoring the constitutionality of decision making is compromised.
The is a foundational principle of western democracies. It means that everyone is subject to the law, including governments. Laws must be applied equally, fairly and consistently, and no one is above them.
In essence, laws govern the nation, not arbitrary decisions by individuals in power. In that sense, following the rule of law helps prevent tyranny, protect people鈥檚 rights and liberties, and ensures a stable and predictable society.
In order to deliver these objectives, an independent legal sector is needed. Trump鈥檚 actions are a threat to achieving this US constitutional principle. have gone as far as to suggest that by entering into agreements with Trump, law firms have become subsidiaries of his administration.
A recent study on found that Americans鈥 trust in lawyers was already undermined, even before the second Trump administration.
The , based on public attitudes in 2024, compared public perceptions in Germany, the Netherlands, Spain, Italy, Norway, the UK and the US. Norway and the UK ranked highest in respect of trust in the rule of law (81% and 74% respectively), and Spain and Italy were least trusted (49% and 43%).
The results for the US are interesting. Around 71% of American respondents stated that they had a high level of trust in the rule of law. Yet the country came third from the bottom under the metric 鈥測ou feel like you are in good hands in US courts鈥.
The reasons for this are implied in the responses to the in the survey. The US performed second worst (just behind Spain) in respect of belief that judges could be biased. The US also performed worst of all in the category where the public were asked if lawyers were impartial (just 41% agreed).
In interpreting these it is important to note that the survey was conducted in 2024, prior to Trump鈥檚 second term. But anti-elite and anti-judge pointing to arguments for more presidential power and less judicial oversight had already been prominent in the first Trump term, and the 2024 campaign.
The results expose the already fragile nature of trust in the legal sector in the US, and underline how this could be ramped up further after the announcements in recent weeks.
, Lecturer in Constitutional and Administrative Law, and Public Procurement,
This article is republished from under a Creative Commons license. Read the .