Democracy in Legal Jeopardy: The Rule of Law in 2026 America

Sponsored by the D.C. Bar Litigation Community and the D.C. Chapter of the Federal Bar Association

Speakers:

• Scott L. Cummings, Professor of Law and Legal Ethics, UCLA
• Greg Rosen, Shareholder, Rogers Joseph O’Donnell PC

Scott Cummings is a renowned scholar whose work examines the role of lawyers in the erosion of democratic institutions around the world. He has written extensively about how governments use law and legal institutions to consolidate power and weaken democratic norms, drawing on studies of Hungary, Poland, Brazil, and the United States. In the U.S. context, Professor Cummings has analyzed legal efforts to expand executive authority and how autocratic tendencies can take hold even within long-standing democratic frameworks.

This presentation explores the strategies and tactics commonly employed in democratic backsliding, highlighting how legal and institutional mechanisms can be repurposed to undermine checks on executive power. Professor Cummings will demonstrate how these approaches are systematically mobilized to target and disable key independent institutions – including legal offices, law firms, bar associations, courts, administrative agencies, universities, civil society organizations, and the media. He will also identify the current administration as a major perpetrator of this effort.

Special attention will be given to the legal profession. The lecture will examine how pressure on lawyers, courts, and professional norms can be used to subvert democratic governance, and why the legal community plays a uniquely critical role in preserving the rule of law.

Although the subject matter necessarily touches on contemporary politics and policy, the program is intended as an apolitical, nonpartisan discussion. Its purpose is to remind lawyers at every stage of their careers of the ethical and civic responsibilities they bear – and of the essential role the legal profession plays in safeguarding democratic institutions.

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Join us from 3-4 pm to hear from Professor Scott Cummings and Greg Rosen, followed by a 4-5 pm reception featuring light refreshments, beverages, and plenty of networking opportunities. All are welcome!

The FBA gratefully acknowledges the generous support of our key sponsor, the D.C. Bar Litigation Community.

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Host or Publisher D.C. Chapter of the Federal Bar Association