The Rule of Law Under Siege: Joyce Vance on Defending the Courts and the Constitution
JUDJ-Prepared Summary from October 29, 2025 | The American Justice System Part II: Still Testing the Limits. The views and opinions expressed in this blog are those of the speaker.
In a recent America at a Crossroads discussion, Joyce Vance—former U.S. Attorney for the Northern District of Alabama, professor at the University of Alabama School of Law, MSNBC legal analyst, and author of Giving Up Is Unforgivable—spoke with journalist Patt Morrison about the mounting threats to the independence of America’s justice system. From federal agents defying court orders to political loyalty overriding legal norms, Vance warned that the rule of law is being tested as never before. Yet she emphasized that accountability, transparency, and civic engagement remain the cornerstones of preserving democracy.
The Courts Under Pressure
Vance opened by discussing a recent decision by the Seventh Circuit Court of Appeals to temporarily block an order requiring Border Patrol officials to report daily to a judge following alleged misconduct in Chicago. While much of the original order remains in place, the appeals court’s stay underscores the fragility of judicial authority when government agencies ignore or delay compliance.
For Vance, the episode highlights a broader crisis: the erosion of respect for court orders within the federal government itself. “This was an extraordinary order because the judge had lost faith that officials would obey,” she said. “It’s a warning to the government that no one is above the law.”
When Accountability Breaks Down
The conversation turned to reports of misconduct within Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS), including excessive force, intimidation, and disregard for legal restraints. Vance explained that in ordinary times, internal discipline mechanisms would hold rogue officers accountable. But under the Trump administration, she argued, that accountability has been stripped away.
“Agents are being given the A-OK for conduct that clearly violates constitutional rights,” she said. “With oversight removed, it’s become open season on the rule of law.”
Morrison cited one example—a U.S. official allegedly telling subordinates to ignore court orders related to deportations. Vance described it as “a travesty of justice,” noting that the same official was later confirmed to a lifetime judicial appointment. “The people empowered to hold him accountable were members of the Senate, and they failed to act,” she said.
Politicizing the Justice Department
Vance outlined how the administration has filled key U.S. Attorney positions with politically loyal, often unqualified figures, bypassing normal confirmation processes. By manipulating the Vacancy Reform Act, she explained, Trump’s Justice Department kept “acting” officials in place indefinitely—avoiding Senate scrutiny.
“This isn’t about procedure,” Vance said. “It’s about consolidating power and weakening checks and balances. When the executive branch starts picking who will enforce the law based on loyalty rather than expertise, democracy itself is at risk.”
She linked these patterns to a radical interpretation of presidential authority known as the “unitary executive” theory, which seeks to place nearly all federal power under the president’s control. “It’s a fringe idea that has become central to this administration’s playbook,” she warned.
The Judiciary as the Last Line of Defense
Despite these challenges, Vance expressed confidence in the resilience of the lower courts. District and appellate judges, she said, continue to rule based on evidence and law—even when under personal threat. “They’re doing exactly what we need judges to do,” she emphasized. “They’re calling balls and strikes, even when it puts them in danger.”
However, she cautioned that the Supreme Court’s recent willingness to limit judicial review could endanger the very foundation of constitutional oversight. If the Court were to accept the administration’s claim that presidential decisions are beyond review, Vance warned, it would “write itself out of existence.”
Defending the Rule of Law
As Morrison noted, public confidence in the courts is the last safeguard against authoritarianism. Vance agreed, urging Americans to stay engaged, support judicial independence, and demand congressional accountability. “We can’t abandon our institutions,” she concluded. “If we do, those who seek unchecked power will win by default.”
Her message is clear: the fight for democracy isn’t just happening in the courts—it’s happening in the conscience of the country.
About America at a Crossroads
Since April 2020, America at a Crossroads has produced weekly virtual programs on topics related to the preservation of our democracy, voting rights, freedom of the press, and a wide array of civil rights, including abortion rights, free speech, and free press. America at a Crossroads is a project of Jews United for Democracy & Justice.