May 1 is Law Day. It is a national day of reflection on our judicial system and its contributions, for good or ill, on our freedoms. This year's theme is “The Rule of Law and the American Dream.” The Rule of Law is the idea that no one is above the law. It encompasses the principles of accountability, transparency, and accessible and impartial justice. It is the purported foundation of our system of government – and that foundation is crumbling.
The American Dream – it’s what brought many of our parents, grandparents, great-grandparents, etc. here. It's what kept so many here who were brought against their will, in chains of iron and chains of debt. It’s what still brings people to our shores. It’s what makes me choke up and the tears rise when I read the iconic and still inspirational words: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.”
Despite those words, our history is filled with threats from those who hold “the people” in disdain, from those who believe they are entitled to riches and power at the expense of the rest of us, from those who believe their vision is the only right one, from those who cannot see the reality of other people’s lives. We have survived those crises, although not unscathed, and have even progressed in many ways.
However, the crisis we now face is unprecedented. The checks and balances of the three branches envisioned by the wise architects of our Constitution are at risk like never before. An erratic executive recognizes no constraints – law or policy – that historically held it in check. A weak and ineffective Congress has for years relinquished its constitutional powers to an ever more aggressive executive. It refuses to acknowledge the disintegration of our democratic republic. And that last bastion, the ultimate protector of our Constitution, our judicial system, is also toppling.
The elitist majority of the Supreme Court, in its mission to roll back progressive advances, has reversed long-standing legal precedents and constitutional interpretation, and has acquiesced in the erosion of our basic rights. Rather than confront the executive's abuse of power and blatant lawlessness, it has granted it immunity from prosecution.
In the face of this unprecedented onslaught on the Constitution and the rule of law, it is the lower federal courts that are holding the line.
“District court judges around the country, appointed by Republican and Democratic presidents alike, are serving as the strongest guardrail against the incursions on the rule of law,” says Michael Bromwich, ex-Department of Justice Inspector General.
But a judge can only rule if a case is brought to court. It is attorneys and other legal professionals who prepare the cases and explain the issues so that a judge might rule. A system dedicated to upholding the rule of law requires the commitment of individuals to that end. It is these men and women, in state and federal courts alike, who regardless of their personal political affiliations and sometimes at personal risk, take seriously their oath to protect and uphold our Constitution.
After 250 years, the American Dream is still a dream unrealized, but it is a dream worth striving for, worth fighting for – for ourselves and for our children – so that “this government of the people, by the people, for the people, shall not perish from the earth.”
Local attorneys and other legal professionals will gather in front of the La Plata County Courthouse at noon Friday, May 1, 2026, to reaffirm our oath to uphold the Constitution and reflect on the Rule of Law and the American Dream. Please join us.
Mairi Maloney is a retired immigration attorney and longtime Durango area resident who does pro bono work with Compañeros. She grew up in Colorado, moved to Durango in the late 1970s and lives on Florida Mesa.
