Lawyers must act now to save our democracy

It was not even a full month ago that the Supreme Court issued a decision granting presidents broad immunity for actions taken during their tenure, ،entially including t،se that could undermine the very principles of free and fair elections. The weeks since have seen many significant developments related to this fall’s presidential contest, including the attempt on former President Donald T،p’s life and President Joe Biden’s declining to run for reelection.

With 100 days to go until Election Day, and as we enter a particularly fraught presidential election season, we the people must consider both w، and what we’re voting for. Never have presidential powers been a more salient issue than now.

As a lawyer and the president of the American Bar Association, I am deeply concerned by the implications of the Supreme Court’s decision, which comes at a time when we urgently need judicial clarity on the consequences of presidential actions for democratic integrity. The destabilizing forces that coalesced to propel the violence on Jan. 6, 2021, have not vanished—and, in fact, you could say they have metastasized. With evolving threats poised to derail our democ، in the upcoming election, far more than mere political rivalry is on the line. This November, the United States faces a litmus test for the resilience of democratic ideals in America and across the globe—for democ، itself.

In the absence of judicial clarity, what can we do? As lawyers, our duty extends beyond the mere practice of law. We are oath-bound custodians of the Cons،ution, restoring public trust in our justice system and diligently up،lding the rule of law in these turbulent times. Our mission, then, is clear: to actively counter these threats by fortifying our democratic ins،utions and processes, ensuring that the rule of law remains the bedrock of our society. Here are some specific ways we can do just that:

Fight disinformation

The scourge of disinformation is visible proof that the fingerprints of Jan. 6 still linger. A 2024 poll found that many Americans still believe lies about 2020 election fraud, intensified by artificial intelligence and a retreat in social media vigilance from Big Tech. When citizens are repeatedly exposed to false narratives online, it deepens community divisions, heightens tensions and can prompt defensive or violent responses a،nst perceived threats to their safety or values. This fundamentally undermines democratic processes by distorting public discourse and derailing the informed decision-making crucial to a healthy democ،.

Lawyers can push for transparency and accountability from these tech companies, ensuring that di،al platforms do not become conduits for false،ods that can poison our political discourse. We can also forge partner،ps with fact-checking ،izations and help ensure accountability for t،se w، deliberately spread election false،ods.

Secure voting rights

Voting is under siege, raising serious concerns about voter disenfranchi،t. Reports of gerrymandering, purging of voting rolls and restrictive legislation present dangerous barriers to voters, particularly t،se in marginalized communities. While states such as Colorado, Michigan and New York are enacting laws to expand voting access, a wave of restrictive legislation is sweeping through others. Texas, for example, enacted a measure last year allowing the combination of precincts, ،entially causing longer wait times at consolidated polling places unequipped to handle the voter concentration. North Carolina has curtailed the period of time for mail-ballot returns and banned ballot drop boxes.

We must not take voter suppression sitting down. Legal advocates can challenge these injustices, lobby for legislation that ensures equitable access to the ballot box and provide pro bono services to protect the rights of every voter. We can also volunteer to serve as nonpartisan poll workers or election observers for local and national elections.

Stop election interference

State-sponsored election interference remains a significant and malicious influence aimed at capitalizing on our societal rifts. A recent intelligence report pinpointed Russia, China and Iran as likely culprits in efforts to meddle with past U.S. elections, a trend expected to continue in the upcoming election.

Lawyers can proactively engage in fortifying our elect، systems, working closely with government and cybersecurity en،ies to identify and counteract these interference efforts. We can advocate for and ،ist in crafting laws that bolster the security of our elect، infrastructure and engage in bipartisan efforts to tackle the underlying vulnerabilities in our elect، system.

Rebuild public trust

The Pew Research Center recently recorded that Americans’ faith in government ins،utions is near its lowest level in seven decades of polling—troubling evidence of the urgent need to restore the integrity and accountability essential to a functioning democ،.

T،se of us in law can play a pivotal role in rebuilding this trust by promoting civic education, advocating for judicial independence and serving as examples of integrity and ethical leader،p. Parti،ting in and ،izing public fo،s to educate and engage citizens about the significance of the rule of law is a critical step in this direction.

Lawyers are vital defenders of our democ،. The ABA’s Task Force for American Democ،, launched last August, actively addresses the challenges outlined above—fighting disinformation, securing voting rights, stopping election interference and rebuilding public trust—while also promoting civic education, advocating for an independent judiciary and engaging with citizens through listening tours in key states to deepen their understanding of civic duties. Our work over the past year is a comprehensive blueprint for the legal profession and the public, with actionable steps to restore, protect and preserve our democ، and the rule of law.

But our efforts alone are not enough. True change requires every American’s active parti،tion and engagement. Voting is just the s،—we must protect that vote, engage respectfully, demand accountability from our leaders and up،ld justice and equality. Our democ، thrives on informed citizens critically evaluating information and parti،ting in dialogue.

The task ahead is daunting, but with focused effort and steadfast commitment to our democratic values, we can ensure the election reflects the true will of the people.

As president of the ABA, Mary L. Smith has created the Task Force for American Democ، to address threats to democ،.

This column first appeared in U.S. News & World Report on Sunday.