MSBA president asks lawyers to defend rule of law

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MINNEAPOLIS, MN — The Minnesota State Bar Association has joined other bar associations across the country in reaffirming its role as a guardian of the rule of law, which it contends is under attack in the early weeks of the second Trump administration.

MSBA President Samuel Edmunds issued a statement March 3, asserting the MSBA is especially concerned about the questioning of the legitimacy of judicial review. “[W]e are witnessing efforts to erode judicial independence, sidestep constitutional processes, and undermine institutions that uphold accountability. Disregarding legal mandates and silencing those who uphold the law weakens our democracy and erodes public trust,” he wrote in the statement.

In an email interview expanding on the statement, Edmunds said Americans have seen an “unprecedented assault on the rule of law.”

“The MSBA is committed to justice and democracy, and that necessarily requires respect for a process that allows all parties to be heard and that provides checks and balances on the two other branches of government,” Edmunds wrote.

“American democracy arose from dissatisfaction with the monarchy and a lack of checks and balances on the executives. For that reason, we developed a system that creates three co-equal branches of government. The primacy of any one branch over the other two threatens the legitimacy of the entire system. Each branch of government must abide by the law,” Edmunds asserted.

While non-lawyers have expressed similar views, Edmunds argued that lawyers have a responsibility to express disapproval of actions that threaten the rule of law, citing the oath attorneys take to uphold the laws and constitutions of Minnesota and the United States.

“Our local communities rightly look to attorneys for guidance in navigating the myriad complexities of our legal systems,” Edmunds avowed. “It’s incumbent on all of us to speak up now, to assure the public that what they are seeing every day on the news is not, in fact, in accordance with our long-held legal norms, and that deviation from these norms threatens the safety and stability of our institutions.”

Edmunds said that lawyers should speak with their friends and local communities about the rule of law. “Explain the importance of the three branches of government and judicial review,” Edmunds said.

Edmunds said the MSBA is communicating with members and leadership, as well as other local and national groups, to determine what to do next.

“There will be more opportunities for service and community as we get a better sense of the need on the ground to fill any gaps created by changes at the federal level,” Edmunds stated.

In the interim, Edmunds suggested that attorneys consider doing pro bono work or donating to a legal services provider.

“The threatened cuts to public services are going to create an even greater strain on our community-based legal service providers,” Edmunds said. “Pro bono attorneys will need to help fill the gap.”

The MSBA stance aligns with the national American Bar Association, which in February issued a statement that the rule of law was under attack, citing the dismantling of departments without congressional approval. It has filed suit against President Donald Trump’s administration, arguing that Trump lacked the legal authority to shut down the foreign assistance agency USAID. More than a dozen lawsuits have been filed, according to the ABA, that allege the executive branch’s actions violate the U.S. Constitution or U.S. law.

The ABA has taken particular issue with criticism of judges.

On March 3, ABA President William R. Bay issued a statement saying, “We may disagree with interpretation of case law, but it is unacceptable to personally target judges just because we disagree with their ruling.

“Words and actions matter. And the intimidating words and actions we have heard must end. They are designed to cow our country’s judges, our country’s courts and our legal profession.”