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Law school deans sign letter championing Constitution; ask students to disagree

Law deans from more than 100 institutions of higher education across the country have signed a letter urging students to respectfully disagree while upholding the rule of law and defending the U.S. Constitution.

The American Bar Association’s (ABA) Task Force on American Democracy issued the letter, signed by 119 deans including Kelly Abrams of Duke Law School, Paul Brest of Stanford Law School, Jennifer Geralda Brown of Quinnipiac Law School, Jens David Ohlin of Cornell Law School, Heather K. Gerken of Yale Law School, Lisa Goluboff of the University of Virginia Law School, and Gillian Lester of Columbia Law School.

A group of educators responsible for training the nation’s lawyers will renew their commitment to developing the next generation of legal advocates ready to defend democracy and the rule of law.

“Lawyers play a vital role in preserving our constitutional democracy,” the letter said, quoting former President John F. Kennedy about the determination needed to maintain such a political system.

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Yale Law School, New Haven, Connecticut. (Jana Paskova/Getty Images)

Kennedy is quoted as saying, “Democracy is never a final achievement; it is a call for continued effort…”

“We thank the American Bar Association’s Task Force on American Democracy for its efforts to protect and uphold the rule of law and the ideals of our profession,” the deans wrote.

And they said the next generation of lawyers should be trained in certain key elements.

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October 12th at Georgetown Law School in Washington, DC.

Georgetown Law School and its campus clock tower in Washington, DC (Bill O’Leary/The Washington Post via Getty Images)

One of those elements was teaching students to maintain the highest standards of professionalism, including the obligation to “uphold constitutional democracy.”

Increasing public understanding and confidence in the rule of law and the judicial system is another key element that the ABA and law school deans asserted is needed.

The deans promised to offer “courses, workshops, events, and shared educational resources related to the rule of law and democracy through a new clearinghouse established by the American Bar Association” and to teach students “to respectfully disagree and engage across partisan and ideological differences.”

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It will also encourage students to support and defend the Constitution and the rule of law through clinical placements, public education and advocacy.

“Today, our nation and the world are at a tipping point,” said ABA President Mary Smith. “At home and around the world, dictators and autocrats threaten the rule of law. Our democracy is in danger. The root cause of this crisis is that too many of our citizens are uneducated about the rule of law and the foundational principles of our democratic republic.”

Smith said people take democracy for granted and don’t understand how easily basic freedoms can be lost.

“It is important that we take immediate action to inspire people’s commitment to democracy,” she said.

United States Constitution

The United States Constitution was ratified by 9 of the 13 states and became binding. (iStock)

Smith created a task force shortly after becoming ABA president, focusing on ways to protect democracy during his term.

The deans’ letter comes as Americans’ opinion of our democratic system continues to move toward fatigue.

The ABA pointed to a recent Gallup poll that found only 28 percent of U.S. adults are satisfied with the state of democracy in the country.

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And with the 2024 elections rapidly approaching, law students are becoming more engaged in conversations about democracy, the ABA said.

“It is encouraging to see law school deans committed to supporting and defending democracy as part of their fundamental legal education,” said task force co-chair Jay Johnson, a former secretary of homeland security. “This is not a partisan or political issue. It is fundamental to the rule of law. The next generation of lawyers must understand the challenges we face, pick up the baton as we pass it to them, and continue to work hard to protect our democracy.”

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