In this powerful discussion, legal experts examined how political pressures are reshaping the legal profession’s role as a check on government power—and what that means for the health of the rule of law.
Panelists Prof. Jack Goldsmith (Learned Hand Professor of Law, Harvard Law School; Former U.S. Assistant Attorney General), Prof. Stephen Vladeck (Agnes Williams Sesquicentennial Professor of Federal Courts, Georgetown University Law Center), and Hon. Diane P. Wood (Director, The American Law Institute; Former Chief Judge of the U.S. Court of Appeals for the 7th Circuit), joined moderator James Castello (Vice Chair, ITA Executive Committee; Independent Arbitrator, Arbitration Chambers) for a candid conversation on one of the most pressing challenges facing the legal field today.
Key Takeaways:
- Law firms are weighing risks when taking on sensitive cases. Panelists discussed how reputational concerns, business interests, or regulatory relationships may influence whether firms pursue litigation involving government actions.
- Fewer lawsuits may signal legal barriers, not fewer legal issues. A decline in litigation does not always mean fewer disputes exist. It may reflect challenges related to standing, access, or strategic hesitation.
- Judicial independence is facing new forms of pressure. The panel highlighted growing concerns about public criticism and threats directed at judges, noting the potential impact on both personal safety and institutional trust.
- The courts rely on legal advocates to bring cases forward. Without law firms and individuals willing to challenge actions through the courts, the judiciary’s ability to function as a check on government power may be limited.
- Long-term reform is possible, but momentum is uncertain. Panelists reflected on historical periods of legal reform and questioned whether similar conditions exist today. While reform efforts may eventually emerge, they noted that institutional and political obstacles remain.
Watch the full conversation below:
About the Promoting the Rule of Law Webinar Series
Launched in 2022, the Promoting the Rule of Law webinar series is part of CAIL's commitment to advancing justice through education and dialogue on critical legal and law enforcement issues. The series serves as a platform for discussion among informed scholars, jurists, and practitioners on matters of broad public and professional significance. The views expressed are those of the speakers and do not necessarily indicate the views of their employers, clients, or any organization.