The Resistance Brief: This week in the fight for justice

Choosing Uncommon Courage

Blog by Ricardo Martinez (he/him), Executive Director

The Resistance Brief: Choosing Uncommon Courage  

The current administration’s intimidation campaign is in full effect. We are witnessing attacks on academic freedom, corporate diversity, equity, and inclusion efforts, LGBTQ+ people, immigrants, state and local governments, courts and judges, and now lawyers and law firms.

This is a comprehensive strategy to neutralize legal opposition, obliterate the separation of government powers, and block any pushback from institutions with broad influence and the power to act as arbiters of justice. It is a deeply disturbing pattern that demands loyalty along partisan lines above all else.

Unfortunately, we have seen some of the very entities that should be working to uphold and fortify the rule of law – including a handful of major law firms – bend a knee to these tyrannical abuses of power instead.

As an organization committed to using the tools of the law to uphold human rights and dignity, watching powerful law firms commit millions of dollars in pro bono work to the Trump administration to avoid sanctions has been especially disheartening and alarming. We cannot allow the legal profession’s independence to be compromised, or we risk undermining the very mechanisms that guard against autocracy.

Such anticipatory obedience may be an attempt to emerge unscathed from a period of political turmoil – but the decision to roll over and submit is anchored in fear and delusion. As we’ve seen time and again from this administration, the goalposts are in a constant state of flux. And as history clearly shows us, the more these firms acquiesce to bullying and unconstitutional tactics now, the more will be demanded of them to stay in the regime’s “good graces” in the future.

Caving to power should not be the accepted standard – especially when there are other options.

While some firms have made a “business decision” to cave to the demands of this administration for self-preservation – and ignored the historical consequences of this approach – others are resisting. WilmerHale and Jenner & Block, Williams & Connolly, Perkins Coie, and Keker, Van Nest & Peters are just some of the firms that have decided to fight back publicly and disrupt lawless power grabs. Williams & Connolly filed a lawsuit representing Perkins Coie in its challenge to the executive order targeting them, and was granted a temporary restraining order shortly after. And Keker, Van Nest & Peters penned a New York Times op-ed, Our Law Firm Won’t Cave to Trump. Who Will Join Us?

Theirs is not a rhetorical question. We’ve asked the same thing: Who will join us?

This is an all-hands-on-deck moment – where every institution and person in public service should think strategically about the role they will play in protecting our democracy.

Last month, I attended the Pro Bono Conference in Washington, D.C. and had several conversations with pro bono counsel who attended. Many of them confided in me that the Trump administration’s attacks on law firms have caused a chilling effect, and, as a result, their firms are apprehensive about publicly partnering with advocacy organizations. This is some of what we must contend with as we seek justice and work to uphold the rule of law and judicial review. Luckily, there were also organizations present who were boldly stepping up and eager to practice uncommon courage.

Fear is natural, but it cannot be what guides us. I have learned that on the other side of fear is a path forward, towards justice. We must ask ourselves the right questions to think and act courageously, even in the face of peril. If we have limited power now, the right first question might be: How do we build power?

In last week’s Resistance Brief, I wrote about some of the tangible steps we can take to prevent the proliferation of political violence: staying informed, contacting representatives, supporting local equality organizations, donating often and generously. What I didn’t mention explicitly was that all those suggested actions can foster an environment of agency, empowerment, community, and defiance – which, in turn, can help protect our democracy.

Compounding power by remaining coordinated, building coalitions, and uniting in a shared vision helps interrupt corruption and builds public confidence in our institutions, making us all feel braver. This is why Keker, Van Nest & Peters’s op-ed is a timely example of an effort to unite a profession known for its creativity, moxie, boldness, and independence.

Compounding power also creates layers of resistance, made up of groups and individuals coming together to develop a diverse and well-resourced coalition, ready to collectively challenge threats to our democracy whenever possible. This is the way we rebuild healthy political and societal norms. This is how we forge innovative partnerships that allow us to urgently and aggressively pursue justice for LGBTQ+ people. And GLAD Law is already forging those partnerships with courageous firms like Stapleton Segal Cochran LLC and Langer Grogan & Diver P.C., who have stepped up to join us on several of our 6 legal challenges to Trump’s executive orders.

History offers us many examples of times when communities have risen to meet the moment, despite the risk, because the long-term payoff was worth it. We are safeguarding the futures of generations to come – to have a shot at perfecting and living out the promise of freedom our constitution grants us.

Someday, future generations will look to us for guidance. Perhaps the next question to ask ourselves is: how will we define our legacy as ancestors today?

What to do, what else to know: 

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