Lady Justice

1. Women lawyers led the resistance against Trump's policies

"Women, young people, and people of color were engaged and interested in local and national politics, but oddly they were less and less represented in office."

Immediate mobilization. Within days of Trump's inauguration, female attorneys across the country began organizing to challenge his policies in court. They rapidly formed coalitions, filed lawsuits, and mobilized resources to push back against actions like the travel ban and family separations at the border.

Diverse leadership. Women from varied backgrounds stepped up, including corporate lawyers, civil rights advocates, and public defenders. Key figures included Sally Yates, who refused to defend the travel ban as acting Attorney General, and Vanita Gupta, who led civil rights efforts. Their quick action and strategic thinking proved crucial in the early resistance.

Notable women lawyers in the resistance:

• Sally Yates (former acting Attorney General)
• Vanita Gupta (civil rights leader)
• Roberta Kaplan (litigator against white supremacists)
• Brigitte Amiri (reproductive rights advocate)
• Stacey Abrams (voting rights activist)

2. The travel ban sparked a spontaneous legal revolution at airports

"It was a scene that could have embodied the fondest constitutional hopes of the framers: lawful protest to demand legal redress for unlawful government detention."

Rapid response. When Trump's travel ban suddenly stranded travelers at airports, lawyers and activists quickly mobilized. Attorneys rushed to airports across the country, set up makeshift legal clinics, and filed emergency petitions to block deportations. This spontaneous uprising showcased the legal community's ability to rapidly organize in defense of civil liberties.

Public engagement. The airport protests also galvanized public support, with thousands of citizens joining demonstrations against the ban. This grassroots energy complemented the legal efforts and highlighted the importance of both courtroom advocacy and street-level activism in resisting unjust policies.

Key elements of the airport revolution:

• Impromptu legal clinics in terminals
• Emergency habeas corpus petitions
• Coordination between lawyers and protesters
• Rapid dissemination of legal information
• Leveraging of social media for organizing

3. Charlottesville exposed the persistence of white supremacy

"It was never about Civil War monuments or southern dignity or states' rights or the erasure of white history. It was about white fury and violent white ethno-nationalism, and that was fueled by Donald Trump's endless claims about Mexican rapists and Muslim terrorists."

Violent resurgence. The 2017 "Unite the Right" rally in Charlottesville brought neo-Nazis and white supremacists into the open, resulting in violence and the death of a counter-protester. This event starkly demonstrated that racist ideologies remained a potent force in American society.

Legal countermeasures. In response, lawyers like Roberta Kaplan pursued innovative legal strategies to hold white supremacist organizers accountable. They used civil rights laws dating back to Reconstruction to argue that the rally planners had conspired to deprive minorities of their rights. This approach aimed to create financial and legal deterrents against future extremist gatherings.

Legal strategies against white supremacists:

• Civil lawsuits under the Ku Klux Klan Act
• Use of organizers' online communications as evidence
• Efforts to bankrupt extremist organizations
• Targeting of individual leaders for liability

4. Reproductive rights became a battleground for immigrant teens

"The unborn child is a child [in] our care," Lloyd wrote in an email to all of the shelters, seemingly forgetting that the refugee herself was also a child in his care.

Intersection of immigration and abortion. The Trump administration's attempts to prevent undocumented minors from accessing abortion services highlighted the vulnerability of immigrant women's reproductive rights. This policy battle exemplified how anti-immigrant and anti-abortion ideologies converged.

Legal challenges. Attorneys like Brigitte Amiri fought these restrictions in court, arguing that even undocumented minors have constitutional rights to reproductive healthcare. The cases underscored the importance of vigilance in protecting established rights, particularly for marginalized groups.

Key issues in immigrant teen abortion cases:

• Constitutional rights of non-citizens
• Government overreach in personal medical decisions
• Delays as a form of abortion restriction
• Intersection of multiple forms of discrimination

5. Voting rights activists fought to expand and protect the franchise

"Abrams had identified and cracked the problem of free and fair elections, and she did it before most of us were aware that this was a crisis."

Systemic approach. Stacey Abrams and other activists recognized that voter suppression efforts were becoming more sophisticated and pervasive. They developed comprehensive strategies that combined litigation, grassroots organizing, and policy advocacy to combat these threats.

Focus on engagement. Rather than simply fighting defensive battles in court, these activists worked to proactively expand the electorate. They emphasized voter registration, education, and turnout efforts, particularly in communities of color that had historically faced barriers to voting.

Components of voting rights strategy:

• Challenging restrictive voting laws in court
• Massive voter registration drives
• Get-out-the-vote campaigns in marginalized communities
• Efforts to reform redistricting processes
• Advocacy for expanded early voting and mail-in options

6. #MeToo revealed pervasive sexual harassment in the legal profession

"Every woman I know remembers precisely where she was when the 2016 election was called for Donald Trump."

Institutional failures. The revelations about Judge Alex Kozinski's sexual misconduct exposed how even the highest levels of the legal profession had long tolerated and covered up harassment. This reckoning forced a reexamination of power dynamics and accountability in the courts.

Ripple effects. The #MeToo movement in the legal world extended beyond individual cases, prompting broader discussions about gender bias in law schools, firms, and the judiciary. It highlighted the need for systemic changes in how the profession handles complaints and protects vulnerable individuals.

Impacts of #MeToo in the legal profession:

• Reforms to judicial misconduct reporting processes
• Increased scrutiny of judicial nominees' backgrounds
• Growing awareness of gender disparities in law firms
• Calls for more diverse leadership in legal institutions

7. The Kavanaugh hearings highlighted gender disparities in the justice system

"For millions of American women who witnessed Ford's testimony and Kavanaugh's response, the icy realization that male entitlement, threats, and fury could still outrun and overmaster the truth, even in a process that purported to surface the truth, was another earthquake in the Trump years."

Echoes of Anita Hill. The treatment of Dr. Christine Blasey Ford during Brett Kavanaugh's confirmation hearings paralleled Anita Hill's experience decades earlier, demonstrating how little had changed in how sexual assault allegations are handled in high-profile cases.

Institutional inertia. Despite the cultural shifts brought by #MeToo, the hearings showed how political and legal institutions remained ill-equipped to address such allegations fairly. The process exposed deep-seated biases and power imbalances that continue to shape the justice system.

Controversies surrounding the Kavanaugh hearings:

• Limited scope of FBI investigation
• Partisan nature of questioning
• Public debates over memory and credibility
• Kavanaugh's emotional and combative testimony
• Impact on public perception of the Supreme Court

8. Organizing and coalition-building proved as crucial as litigation

"To me, this moment, more than litigation, is about organizing. Organizing and power."

Beyond the courtroom. While legal challenges were vital, many activists recognized that lasting change required building political power through grassroots organizing. Leaders like Vanita Gupta emphasized the importance of coalition-building and public engagement alongside traditional litigation.

Multifaceted approach. Successful resistance efforts often combined legal strategies with protest movements, voter mobilization, and policy advocacy. This comprehensive approach allowed activists to address immediate threats while also working towards long-term systemic changes.

Elements of effective organizing:

• Building diverse coalitions
• Connecting local and national efforts
• Leveraging social media and technology
• Developing leadership within affected communities
• Linking short-term fights to long-term vision

9. Women of color spearheaded many key legal and advocacy efforts

"Women are doing this work of democracy building, usually in the shadows, because they are really good at it."

Intersectional leadership. Women of color like Stacey Abrams, Vanita Gupta, and Nina Perales played pivotal roles in legal and advocacy efforts across multiple issues. Their leadership brought crucial perspectives on the interconnected nature of various civil rights struggles.

Building on legacies. These leaders drew inspiration from earlier generations of civil rights attorneys like Constance Baker Motley and Pauli Murray. They adapted time-tested legal and organizing strategies to address contemporary challenges, particularly those affecting marginalized communities.

Contributions of women of color leaders:

• Innovative voting rights strategies
• Challenges to discriminatory immigration policies
• Advocacy for criminal justice reform
• Efforts to diversify the legal profession
• Centering of marginalized voices in policy debates

10. The courts remained an imperfect but vital safeguard for civil rights

"For Anita Hill, straddling the line between working from within and without 'is something I think I do every day; doing the inside-outside thing. I've always been an inside-outside player.'"

Dual approach. While recognizing the limitations and biases of the legal system, many activists continued to see the courts as a crucial arena for protecting civil rights. They balanced critiques of the system with strategic engagement, seeking to reform institutions from both within and without.

Ongoing challenges. The Trump era exposed the fragility of many legal protections and the extent to which courts can be reshaped by determined political actors. This realization underscored the need for constant vigilance and a long-term approach to defending civil liberties through multiple channels.

Roles of courts in civil rights protection:

• Striking down unconstitutional policies
• Enforcing existing civil rights laws
• Providing forums for marginalized voices
• Establishing legal precedents
• Serving as checks on executive and legislative power

Last updated: July 25, 2024