The midterms are the next phase of the authoritarian advance. Here’s how movement lawyers can fight back.
While most of us believe that free and democratic elections are the bedrock of democracy, it’s abundantly clear that the midterm elections are set to be the next escalation of the authoritarian advance. The authoritarian coalition is actively peddling narratives of fraud in order to sow doubt in the electoral process and justify, in advance, challenges to the results of any race where they don’t like the outcome. The threat isn’t coming — it’s already here.
Authoritarians are trying to disenfranchise and deter communities of color and instill the belief that the federal government has the right to meddle in elections whenever and wherever it wants, asserting an ever-expanding version of executive power in the process. The evidence is everywhere: in the paving of Supreme Court rulings for racist redistricting and last-minute voter disqualifications, in the FBI’s raids on ballot boxes and voting rights organizations, and in threats to deploy ICE and the National Guard to the polls. But we know the truth: our elections reflect the will of the people and are the most safe and secure when they are robust with civic participation, accessible for all voters, and guided by state-level processes.
This is only part of the story. We know authoritarians are working so hard to rig the game because they’re deathly afraid of losing it. Trump’s approval ratings are at an all-time low, including in all of the major battleground states. Americans are sick of the war with Iran, U.S.-backed genocide in Gaza and the skyrocketing prices of gas and groceries, and most describe our current government as authoritarian. In this moment, where Trump and his allies are working overtime to rig the rules in their favor, lawyers need to be ready to defend and protect the frontline organizing that’s needed to push back on authoritarian attempts to sabotage the midterm elections. Recent history, like the elections in Hungary, tells us that elections can be a critical tool in the fight against authoritarians. Now we, as movement lawyers, must step up to meet the moment. Our mandate is clear: be part of a wide tent and join pro-democracy forces who are fighting to resist authoritarian power grabs.
If authoritarians throw out ballots en masse, refuse to certify election results or refuse to seat people who’ve been duly elected, we’ll have a very small window to take action. Authoritarians count on being able to exploit moments of chaos, confusion and uncertainty to create irreversible facts on the ground and stay in power, so we have to be ready to fight back immediately before, during, and post election. Other countries that have beaten back authoritarian power grabs show that mass popular resistance — not just legal challenges — are what’s needed to enforce election results if things go sideways, and such resistance is most effective if people take action within hours or days of an attempted coup. We need the legal sector to be ready to back up people who are taking brave action and bringing the fight for democracy to the streets. It’s critical we get in position now and connect with those on the ground to support their efforts.
The good news: organizing groups at the local, state and national level — including No Kings, May Day Strong, 50501, Indivisible, the Organizing Revival and too many others to name — are getting people ready for mass protests and non-cooperation if authoritarians try to steal the elections. Now, it’s our job as movement lawyers to be prepared to back them up.
Here are a few things that we think are important for those who are ready to take action :
Understand What Authoritarianism Looks Like Now. Take the time to better understand how authoritarianism works and the climate of rising repression. This can help you figure out how to advise people about their rights and risks — without chilling courageous organizing.
Help Social Movements Prepare. You can advise organizations and leaders so they can take the steps they need to protect themselves, whether that’s adopting stronger security measures or shoring up their compliance with nonprofit and tax law.
Get People Out of Jail. If you have criminal defense experience, get ready to defend people who face political criminal prosecutions for speaking out.
Sign up to Defend People. Movement Law Lab is building a Rolodex of lawyers who are ready to be on call for individuals and organizations seeking to minimize their risks or defend themselves from politically motivated attacks — sign up to join if you have expertise in these areas.
Know the Organizing Plan. Lawyers with strategy chops and movement connections need to know what the local organizing plan is and help craft the legal strategy to support it. Do some collective scenario planning to figure out what each person and organization’s role would be if certain redlines were crossed.
Serve as a Credible Public Messenger. Write an op-ed or speak out. As lawyers, we can help people understand the election process, inoculate folks from disinformation and lift up the importance of voting as an act of resistance to authoritarianism.
Plug Into Traditional Election Defense Work. More lawyers are needed to fight for fair elections, win at the ballot box, and prove the results. Sign up as a legal observer, poll worker or count watcher, helping to make sure the correct processes are followed every step of the way so authoritarians can’t challenge the outcomes. Host a party at the polls to combat the climate of fear authoritarians are working so hard to create. Connect with groups like Lawyers for Good Government and We the Action to plug into election protection work, remotely or on the ground in battleground states like Florida, Texas, Virginia and Michigan. Organizations can join the Election Safeguards Response Network, a robust infrastructure with state-based election defense tables around the country.
This is an all-hands-on-deck moment, so plug in where you can. We’ve pulled together a list of opportunities for lawyers who want to engage in midterm election defense — check it out here.
Lawyers need to be ready to face whatever’s coming with the creativity and care we’ve seen in resistance movements around the country, from the Twin Cities to Washington DC and beyond. Each of us will have a different role depending on our relationships, expertise and local context, so we can’t tell you exactly what to do — but now is the time to dig deep and figure it out. As Ash-Lee Woodard Henderson says:
The quietest, most effective part of the [authoritarians’] plan is getting us to sit down and wait for somebody to come up with the perfect plan for all of us to do something meaningful. Too many of us are waiting for the big, dramatic moment… The political violence, the tanks, the constitutional crisis with a date attached. We are watching for the movie version of the dictatorial takeover, the one with a clear opening scene, so that we’ll know when it’s finally time to move. Let me say this plainly. Our waiting is allowing the takeover. It’s happening right now.
It’s time we get moving.