Morris Dees

Morris Dees came to UT on Thursday and gave a brief speech about Justice. Mr. Dees is one of the co-founders of the Southern Poverty Law Center and it's chief trial strategist. He said he was primarily interested in making the rule of law real for everyone, and he argued that it is important that lawyers stand up to represent the people who are likely to be most endangered by public opinion. He specifically referenced the people we are holding in Guantanamo Bay

Then he said that he thought when future historians would look back on the upcoming generation of lawyers--you and me--that they would call us one of the greatest generations of lawyers because we will have shepherded our country through our current problems while also helping to ensure that our country lived up to its promises to the most vulnerable members of our society.

He almost convinced me.

But I can't see how his hope is based in reality. When I walk around the halls of UT Law, I don't see people who are concerned about Justice. For every person who has even a shred of interest in serving the public and maintaining the rule of law, I see at least 10 who will care if the price is right. I see 10 who will never care so long as their party stays in power. And I see another ten who will never care about Justice no matter the conditions attached.

I have a hard time shaking the belief that were President Bush to refuse to step down in January, 2008, or were he to start infringing our most clear and basic rights, that about 20% of the lawyers in this country would without question stand up and support him. Another 20% would stand up and rebel. The remaining 60% would wait to see which side could write the bigger checks.

Mr. Dees speech alone begs the question of how we can have the rule of law when any position is defensible. I mean only to say that when lawyers are willing to defend both sides of every issue, then it is a draw, a wash, to say that lawyers are protecting the rule of law in this country. So long as smart, intelligent, and well connected lawyers are arguing that the president has unfettered power under the Constitution, we cannot honestly argue that the legal profession as a whole is helping to maintain the rule of law.