When the rule of law erodes, so does liberty.
When the Biden-Harris administration mercifully ended, I had high hopes that the scourge of lawfare, too, would be banished to the graveyard of American anomalies.
Alas, it was not to be. If anything, the noxious practice of leveraging law enforcement processes against political enemies has grown even more fashionable. And more varied: not just indictments of the president’s foes but civil lawsuits, executive orders that are functionally bills of attainder, and even a Justice Department component operating under the wry title of “Weaponization Working Group” — as if its mission were to eliminate what it is perfecting and perpetuating.
At National Review, we’ve tried to give you the best, most objective coverage of lawfare, no matter whose ox was being gored, no matter which administration was doing the goring. I’m pointing that out, while asking you to support NR’s fall fundraiser, because we can’t do what we do without your help. And because we’re convinced that what we’re doing is vital.
That’s not meant to be grandiose. We’re not saying that covering lawfare — or the sanctity of life, the preservation of our Constitution, the nexus between individual liberty and a free, flourishing society, the imperative of peace through strength, and the rest of our mission — is vital just because we’re the ones doing it. It is vital because it is what a conservative vision of America demands in our time.
We tend to take the rule of law for granted. That owes to the genius of the Founders and the basic decency of the American people. The Constitution doesn’t create due process and equal protection under the law. It guarantees those fundamental rights that preexist our republic because they are basic to who we are as a people.
When the rule of law erodes, so does liberty. So does the pursuit of happiness — our opportunity as Americans to strive to be the best we can be for ourselves, our families, and our communities.
Lawfare must be resisted because it erodes the rule of law in sinister ways. When an administration is unafraid to use it, that tells us the separation of powers — the Framers’ core protection of freedom — has broken down. An insufficiently checked government tends toward despotism, immunizing and empowering its allies while punishing dissenters with legal process.
It becomes a government of men, not laws.
That is why we continue to expose lawfare, to track it and condemn it regardless of who deploys its arsenal. That’s the conservative mission, our mission. As ever, we need your help to carry it out.
We are deeply grateful for whatever you can contribute. It is only our loyal and generous readers who keep our lights on and our voices strong. Thank you for considering a donation.
