If you missed my column, Lucre or Malice, in honor of Law Day (which is today), you can read it here. The phrase is in the oath lawyers take in Alabama when they become members of the bar; as in, I promise to uphold the Constitution and handle my cases properly, abstaining from focusing on lucre or malice. That means no grift. No revenge. Just the law and the facts. Lawyers across the country took their oaths again today to affirm their allegiance to the rule of law. In Alabama, we got Donald Trump, who gave a graduation-week speech at the University of Alabama in Tuscaloosa. Ahead of the main event tonight, Doug Jones and Beto O’Rourke joined forces to speak to a crowd of about 500 people who gathered, despite stormy skies and final exams, to protest Trump’s presence in Tuscaloosa. A number of signs at the rally referenced Alireza Doroudi, an Iranian national and doctoral candidate studying mechanical engineering at the University of Alabama, who was arrested by ICE in March. Douroudi, whose case has all but dropped out of the news, was taken into custody at his off-campus house at 3 a.m. The Department of Homeland Security’s explanation was that his student visa had been revoked and he “posed significant national security concerns,” but his lawyer said at the time that government agents had not shared what those concerns were with him. Trump took the stage at Coleman Coliseum following a talk from former Alabama football coach Nick Saban. It was billed as a commencement address, although the actual graduations begin Saturday. Saban spoke about three things he hoped students would carry forward with them as they leave the University:
Saban closed by paraphrasing comments Martin Luther King, Jr., once made about the importance of taking pride in your work and accomplishments, no matter what you do. He closed, referring to his wife, saying, “Miss Terry and I congratulate you.” Trump closed by offering the graduates his congratulations, too. They came after Trump offered a list of lessons for graduates, which at one point devolved into a rant against transgender people. He talked at length about sports and “protecting women.” “Everybody should believe in the American dream,” he said. Then, he told the soon-to-be graduates that they should avoid thinking of themselves as victims. Trump closed by encouraging graduates not to give up. He told the crowd he’d learned that perseverance was everything and to “never give up,” ultimately wending his way to talk about winning elections and saying, of 2020, “The election was rigged.” Even on the eve of a college commencement, he went back to that, which tells us as much as anything about the man who is president. We’re in this together, Joyce |
UNDER CONSTRUCTION - MOVED TO MIDDLEBORO REVIEW AND SO ON https://middlebororeviewandsoon.blogspot.com/
Friday, May 2, 2025
Law Day & Trump Day
Tuesday, April 29, 2025
Lucre or Malice
Lucre or Malice
Don’t forget to join Katie Phang and me tonight, Tuesday, at 7 ET/6 CT for a Substack Live you won’t want to miss! You’ll get a push notification when we go live. I hope you’ll join us—just two southern lawyers talking about democracy. This is the oath of office that lawyers take when they are admitted to the State Bar Association in Alabama. The exact language varies from state to state, but the intention is the same. “I solemnly swear that I will demean myself as an attorney, according to the best of my learning and ability, and with all good fidelity, as well to the court as to the client; that I will use no falsehood or delay any person’s cause for lucre or malice, and that I will support the Constitution of the State of Alabama and of the United States, so long as I continue a citizen thereof, so help me God.” Lawyers swear under oath to uphold the Constitution when they become members of the bar. If I were to amend Alabama’s oath, I might add a sentence at the end to make it explicit that new lawyers swear allegiance to the rule of law and reject allegiance to any king. But the intent is plain. We are a country of laws, not of men. Attorneys make a solemn promise that they will not lie or delay a matter (shout out to Trump’s lawyers) for profit or out of ill will. Unfortunately, lucre and malice do a great deal to explain the motivation for much of what we saw during the first 100 days of the Trump administration. Everything from Musk’s ascendancy to the most venal executive orders directed at law firms and individuals. Much of the burden to fix what can be fixed will fall on the courts. Thursday, when many lawyers will reaffirm their oath to the Constitution in honor of Law Day, I hope judges, especially justices on the Supreme Court, will understand the awesome task that stands before them for the next 100 days and beyond. The rest of it will be up to us of course, the voters, as we head into state and local elections this year and the midterms in 2026. Being in Washington, D.C., last weekend was a stark reminder of everything I love about the Capitol and democracy. In addition to celebrating the rule of law and the First Amendment, the city itself, with tourists walking around in awe and parents out with babies in strollers, is a reminder of how remarkably fortunate we are to have the freedoms we possess as Americans and why it matters for us to protect them in this moment. Whether it’s the National Museum of African American History and Culture, shuttered federal agencies, or the whispers and the more audible protests you hear everywhere, it seems D.C. is awake to the threat we face. That’s as it should be as we approach May Day, with its dual purpose this year: public protesting and a reaffirmation of the legal profession’s commitment to the rule of law. It’s due process day in America, and we all understand the stakes. What’s the takeaway? America has somehow elected, not once but twice, a president who does not believe in the rule of law. Whatever else one thinks of Trump, that’s clear. He believes his word is the truth and his plans must go forward. When they conflict with the Constitution, he wins. We didn’t need to see him post the picture of himself in a crown on social media to understand his view of how government should work—at his whim. On Law Day this Thursday, we should all, either publicly or privately, reaffirm our commitment to the rule of law and be prepared to take that commitment to the polls, where we will vote for democracy again, despite the disappointment of 2024. Our elections are the last great bulwark against autocracy. It should not have taken the events of Trump’s first hundred days to open the eyes of Americans who were willing to tolerate him all along, but there are many new eyes that have been opened. Whether it’s a new understanding that denying due process to anyone is a denial to everyone, whether it's their pocketbooks and tariffs, this is the moment where our conversations with our peers become incredibly important. Be willing to reengage and explain the issues as you see them to those around you who may be new to your views. Feel free to share Civil Discourse and encourage people to sign up for free—now, more than ever, it’s important for people to have access to information so they can make up their own minds about what the future of our country should be like. Trump may be fighting the law, but the law can still win. I expect it to. We’re in this together, Joyce |
The Bushes Just Picked A Side In Texas. It Wasn’t Trump’s. Plus A Reporter Says Foreign Spies Watched Jared Kushne…
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