A Letter from Washington University School of Law Faculty Members to the Law School Community

We are faculty members of the Washington University School of Law in St. Louis.[1] As law professors responsible for educating the next generation of lawyers, we have a special duty to promote the rule of law through our teaching and scholarship. 

We are making this statement—in our individual capacities—because, more than at any other time in our careers, we believe that the rule of law is facing grave peril and many of our students are deeply concerned about the future of the legal profession and the rule of law. These concerns are intertwined, as many recent government actions have targeted the legal profession and institutions of higher education.

Although we disagree with one another about many legal and political issues, our concern for the rule of law and the welfare of our students transcends our differences on other issues. We take seriously the precept that the United States of America is, to paraphrase John Adams, a government of laws, not of people.

The rule of law is imperiled when government leaders:

• • • • • threaten judges with impeachment, heighten risks to their physical security, or promote unlawful defiance of their authority, because of disagreement with their decisions; 

        • retaliate against lawyers and law firms because of their prior government service or lawful and ethical representation of clients disfavored by the government; 

        • threaten legal clinics for their lawful and ethical representation of clients disfavored by the government; 

        • require lawyers to engage in public acts of submission and to donate time and funds in support of government-dictated causes as a condition for removal of threats of sanctions; 

        • deprive individuals, groups, and institutions of significant liberties without affording them due process; and 

        • punish individuals, groups, and institutions for lawfully speaking on matters of public concern.

When the government takes any of these actions, it is an attack on the rule of law, as well as basic individual rights and fundamental American values. As law professors and lawyers who have committed to uphold the Constitution, we have an obligation to speak out against these threats. In that spirit, we condemn actions taken by the government that undermine the rule of law, and we affirm the basic purpose of our work—to advance constitutional principles and strengthen our legal institutions.

[1] The views expressed in this statement are those only of the signatories.  We do not hold this statement out as reflecting the views of Washington University, the Washington University School of Law, or any person who has not signed the statement. This letter is inspired by a statement by colleagues at Harvard Law School. We have incorporated some of their language with their permission.