Dozens of professors at WashU’s School of Law released a letter condemning government leaders’ threats to the rule of law. (Rachel Benitez Borrego | Staff Photographer)

More than 40 professors at WashU’s School of Law signed a public letter warning that “the rule of law is in peril” and condemning recent actions by government leaders that threaten individual rights, core American values, and the legal profession, April 7.

The signatories include about a quarter of the law school’s 124 current faculty members, as well as nine emeriti faculty —  one of whom is Joel Seligman, former president of the University of Rochester and former Dean of WashU Law.

The professors wrote in their letter that although they hold differing views on many political and legal issues, they are united in their concern over the government’s actions and their impact on the well-being of students.

“Our concern for the rule of law and the welfare of our students transcends our differences on other issues,” they wrote in the letter. “As law professors and lawyers who have committed to uphold the Constitution, we have an obligation to speak out against these threats.”

Notably, the letter does not mention Donald Trump, specific government officials, or policies by name. The letter cites increasing attacks by “government leaders’’ on judicial independence and safety, as well as efforts to punish lawful public speech, as evidence that the rule of law is under threat.

News sources have reported that the Trump administration has targeted numerous judges since taking office — including calling for the impeachment of a judge who blocked the deportation of hundreds of Venezuelan immigrants.

Media reports have also detailed the Trump administration’s efforts to suppress lawful public speech by arresting outspoken pro-Palestinian activists, like Mahmoud Khalil, a legal permanent resident who helped organize protests at Columbia University.

Additionally, the law professors’ letter pointed to government leaders’ retaliation against lawyers due to their clients or past service, and coercive demands for legal professionals to donate their time and money to political causes, as further evidence that the rule of law is under threat.

In recent months, several publications have reported that Trump has pressured major law firms into providing pro bono legal work for causes he supports, using the threat of punitive executive orders as leverage. Just last week, five law firms agreed to provide his administration with a total of $600 million in free legal services.

The professors noted that the contents of their letter was inspired by a recent statement signed by approximately 70% of the current faculty at Harvard Law School (HLS). Following the release of the HLS letter, faculty at other universities across the country — including Stanford and WashU — released similar statements. 

Adrienne Davis, a WashU Law professor who edited and signed the letter, expressed that she is deeply troubled by the state of our democracy.

“The rule of law is a prerequisite to democracy and I fear that democracy is imperiled at this moment,” she wrote to Student Life in an email.

Gregory Magarian, another law professor and signatory of the letter, said that faculty members at the Law School had been discussing issues related to the letter in recent months — including the impact of certain government policies on students and how professors could best support them during this time.

The release of the letter by Harvard Law faculty served as the catalyst for WashU professors to begin drafting their own, according to Magarian. The opportunity to sign the letter was extended to full, associate, and assistant professors, as well as professors of practice, deans, and emeriti at the Law School.

When asked whether the WashU administration had a response to the law faculty’s letter, Julie Flory — vice chancellor for marketing and communications — told Student Life that the University supports faculty speaking out and communicating their personal opinions on issues that matter to them.

Magarian — who specializes in U.S. Constitutional Law and freedom of expression — wrote to Student Life that he personally believes the U.S. is facing the most dangerous threat to free speech in his lifetime. He emphasized that, although threats to free speech can come from various ideologies, the current threat is rooted in conservative authoritarianism.

“This is not an abstract government attack on freedom,” he wrote in an email comment. “This is a specifically conservative attack on left-liberal political and cultural expression.”