Is America’s Rule of Law Initiative at a Crossroads? What You Need to Know About Today’s Legal Crisis
The rule of law in the United States is facing unprecedented challenges in 2025. Organizations like the American Bar Association, the World Justice Project, and legal advocacy groups are pushing reforms to strengthen judicial independence and government accountability—but they’re battling executive overreach, declining public trust, and political attacks on courts.
Here’s what should alarm you: America ranks 26th globally in rule of law. That’s bottom half among wealthy nations. Our confidence in fair elections? We’re 43rd worldwide.
What Is the Rule of Law Initiative?
The rule of law means no one—not presidents, governors, or billionaires—stands above the law.
The ABA Rule of Law Initiative (ABA ROLI), established in 2007, strengthens legal systems internationally and domestically. They focus on judicial independence, anti-corruption, access to justice, and fundamental rights. In 2024, they ran programs in 76 countries.
But “rule of law initiative” now broadly refers to multiple organizations responding to what Chief Justice John Roberts called an “endangered” rule of law in America.
Today’s Constitutional Crisis
In his 2025 year-end report, Chief Justice Roberts warned about threats to judicial independence without naming names. The context is clear.
Since January 2025, federal courts face unprecedented challenges. The Trump administration refused to comply with unanimous Supreme Court orders. Over 900 federal prosecutors were dismissed. Senior Justice Department officials were forced out.
Concrete example: The Supreme Court unanimously ordered the administration to facilitate the return of a Salvadoran national mistakenly deported to a dangerous prison. The administration refused. Both presidents mocked the court publicly.
Legal scholars call this “the most dire crisis faced by the Justice Department in modern times”—comparing it to Nixon’s Saturday Night Massacre.
Related article: Public Law 63-43, signed December 23, 1913, 1913 Law That Gave America Control Over Its Own Money
What Organizations Are Fighting For
World Justice Project released disturbing 2024 findings: Only half of Americans trust election officials (34% of Republicans, 67% of Democrats). One in three Americans will reject presidential election results they dislike.
Since 2016, constraints on U.S. government powers have eroded. We’re in a “rule of law recession.”
Society for the Rule of Law’s 2025 summit focused on three threats:
- Executive overreach bypassing Congress
- Attacks undermining judicial authority
- Politicization of Justice Department and FBI
American Bar Association defends courts against “personal attacks undermining public confidence.” When criticism becomes intimidation, the justice system suffers.
State-Level Battles
In Ohio, legislators ignored court orders striking down gerrymandered maps—five times. They kept redrawing unconstitutional maps until time ran out.
When courts can’t enforce orders, democracy breaks down.
Meanwhile, 42 state attorneys general signed a letter urging AI companies to improve safeguards—showing state officials still protect citizens as federal oversight fractures.
Judicial Independence Under Fire
Chief Justice Roberts warned in May 2025: “impeachment is not how you register disagreement with decisions.”
When politicians threaten impeachment over unfavorable rulings, or presidents question following court orders, the constitutional system wobbles.
Judicial independence means judges decide based on law and evidence—not political pressure or retaliation fears. Federal judges have lifetime appointments and salary protections for this reason.
Those protections only work if everyone respects them.
The Executive Power Question
The unitary executive theory says presidents control the entire executive branch. Critics argue recent interpretations go too far—claiming presidents can fire anyone, ignore oversight, and consolidate power without checks.
Supreme Court case Trump v. Wilcox could determine whether agencies like the Federal Reserve maintain independence. An expansive ruling could let presidents remove agency officials at will.
Constitutional experts across the spectrum worry. The framers designed three co-equal branches to prevent any one from dominating.
Current Reform Efforts
Legal challenges: Law firms got temporary restraining orders against actions excluding them from contracts and revoking security clearances. Former solicitors general from both parties called these “unprecedented threats.”
Public education: WJP created a Rule of Law Candidate Scorecard so voters can evaluate candidates on constitutional principles.
Institutional reform: Advocacy for stronger prosecutor protections, judicial ethics reforms, civil legal aid funding, and transparency in judicial selection.
International monitoring: The 2024 WJP Rule of Law Index creates pressure through global accountability.
The Trust Paradox
Here’s the problem: 96% of Republicans and Democrats say rule of law is essential to America’s future. Yet trust in institutions keeps falling.
Everyone worries about weaponized justice—they just disagree about who’s doing it. This polarization makes reform harder.
Why You Should Care
Constitutional crises affect daily life. When courts lose authority, contracts become harder to enforce, business investment drops, property rights weaken, and corruption spreads.
When executive power grows unchecked, your rights depend on presidential whim—not law.
When judicial independence collapses, minority rights evaporate. Courts can’t protect unpopular groups if judges fear retaliation.
What Happens Next
Supreme Court decisions on executive power will reshape balance of powers for decades.
Congressional action (or inaction) signals whether lawmakers prioritize institutional integrity or partisan advantage.
2026 elections could shift everything—if people vote on rule of law principles, not just culture wars.
State resistance creates legal chaos but demonstrates federalism working as designed.
Bottom Line
The rule of law protects you when powerful people try to run you over. Right now, that protection faces serious strain.
Chief Justice Roberts quoted Calvin Coolidge: the Constitution and Declaration “remain firm and unshaken.” That’s aspirational, not descriptive.
Whether America’s constitutional framework stays firm depends on what citizens, lawyers, judges, and officials do next. The rule of law doesn’t protect itself.
And that includes you.
Frequently Asked Questions
Q: What is the rule of law initiative?
Multiple initiatives led by organizations like the ABA Rule of Law Initiative (established 2007), World Justice Project, and legal advocacy groups working to strengthen judicial independence, fight corruption, and protect constitutional principles in the U.S. and globally.
Q: How does the US rank on rule of law?
26th out of 142 countries (World Justice Project 2024 Index)—bottom half of high-income nations. The U.S. ranks 43rd globally on confidence in elections.
Q: What threatens judicial independence?
Executive defiance of court orders, threats to impeach judges over rulings, dismissal of federal prosecutors, Justice Department politicization, dark money in judicial elections, and personal attacks by political leaders.
Q: Can the president ignore Supreme Court orders?
No. All branches must follow court orders. Presidential defiance undermines separation of powers and sets dangerous precedents.
Q: What is the unitary executive theory?
Constitutional interpretation saying presidents control all executive functions and can remove officials at will. Critics argue it threatens agency independence and congressional oversight. The Supreme Court is considering cases that could expand or limit this theory.
Q: How can citizens protect the rule of law?
Vote for candidates who respect judicial independence. Call out attacks on courts. Support legal aid. Serve on juries. Report corruption. Stay informed. Pressure officials to prioritize institutional integrity. The rule of law requires active participation.
Resources:
- ABA Rule of Law Initiative
- World Justice Project
- U.S. Courts Educational Resources
- Society for the Rule of Law
Updated: January 2026
Disclaimer
Legal Information, Not Legal Advice
The information provided in this article is for general informational and educational purposes only. It is not intended to be, and should not be construed as, legal advice. While we strive to provide accurate and up-to-date information about rule of law initiatives, legal developments, and constitutional matters, the content on this website does not create an attorney-client relationship between you and AllAboutLawyer.com or any of its contributors.
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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