Opinion: Teaching law while the rule of law crumbles

FILE - U.S. District Judge James Boasberg, chief judge of the United States District Court for the District of Columbia, stands for a portrait in Washington. He has faced calls for impeachment since deeming lawyers’ defense of the expulsion of Venezuelan migrants to El Salvador “woefully inadequate.” (Carolyn Van Houten/The Washington Post via AP, File) Carolyn Van Houten
Published: 04-15-2025 8:00 AM |
Mailyn Fidler, Margaret O’Grady and Sophie Sparrow teach at the University of New Hampshire Franklin Pierce School of Law and write in their individual capacities.
Our school prides itself on graduating “practice ready” attorneys poised to zealously and ethically represent their clients. But in the first few months of this administration, the practice of law has changed in disturbing ways, and we struggle with how to explain this to our students.
Lawyers take an oath to support the Constitution — yet all around us, lawyers are making a mockery of that oath.
Recently, Paul Weiss capitulated to President Trump in a way so brazen and self-defeating that it rattled even those of us already poised to expect cowardice from Big Law.
Trump began his campaign of retribution against private law firms that represented clients adverse to him or his allies by revoking the firms’ security clearances and threatening to cancel their clients’ government contracts. A judge halted the first order, directed at Perkins Coie, stating that it was likely unconstitutional. Nonetheless, Trump then issued a nearly identical order targeting Paul Weiss, and instead of fighting it, Paul Weiss folded.
The firm agreed to give Trump sway over the recipients of $40 million in pro bono services, and, per Trump’s press release, “conduct a comprehensive audit of all its employment practices” and “not adopt, use or pursue any DEI policies.” Most chillingly, Trump reported that Paul Weiss “acknowledged the wrongdoing” of former partner Mark Pomerantz, who had worked as a prosecutor in the Manhattan DA’s office on the Trump hush money case.
It is bad enough that Trump is waging this campaign of bald political retribution. It is a different kind of betrayal entirely that Paul Weiss capitulated, especially when the order is likely illegal. The firm probably believes it is saving its business, but who will employ lawyers in a society devoid of the rule of law?
Lawyers working in this administration would earn failing grades if they were our students.
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A federal judge, granting an injunction against the executive order purporting to end birthright citizenship, said “Frankly, I have difficulty understanding how a member of the bar would state unequivocally that this is a constitutional order. It just boggles my mind.” Lawyers appearing before U.S. District Court for the District of Columbia Judge Boasberg made representations about the expulsion of Venezuelan migrants to El Salvador that the judge deemed “woefully inadequate.” Judge Boasberg has since faced baseless calls for impeachment.
These attacks on the legal profession, the judiciary and the rule of law are escalating and relentless.
Meanwhile, applications for law school are skyrocketing. We’d like to celebrate. Being a lawyer is a wonderful career, full of opportunities to help people and institutions, enable progress and solve problems. But how can we defend our profession when so many attorneys are aiding this administration’s assault on the rule of law and enabling this constitutional crisis?
For solace, we look to lawyers who are still doing the right thing in the face of these attacks on our profession. Jenner & Block and WilmerHale have both filed suit against the executive orders targeted at them. Other Big Law associates have protested their firms’ silence in the face of Trump’s executive orders targeting firms. Attorneys remaining in the federal government continue to labor in service to the American people, even though Elon Musk and his allies are deriding them as dead weight and decimating their agencies. Others have taken the brave step of resigning when their ethics have been compromised.
Future lawyers have a role to play, too. Our 1L students are preparing their annual moot court arguments, and they have practiced how to be persuasive without misleading the court. Upper-level students know to call out and correct the misinterpretation of legal authorities and the misstatement of facts.
Outside the classroom, students have been working to connect immigrants to legal resources. Others have used their developing legal expertise to testify for the first time about legislation in the New Hampshire State House.
To our students: You are a credit to the future of our profession. No matter your political affiliation or philosophical differences, you will swear your fealty to the Constitution. To the lawyers currently making a mockery of that oath: shame on you.
The rest of us will continue to fight for the rule of law because that’s what we promised to do.