Joyce Vance was the U.S. Attorney for the Northern District of Alabama. She writes a smart blog called Civil Discourse, in which she writes about court cases and the law, in language accessible to non-lawyers. In this post, she explains how massive protests can change the course of history.
She writes:
This coming Tuesday marks Donald Trump’s 100th day in office, a tenure that has led to a steady decline in the economy. If we use that measure, which many voters said led them to vote for Trump, these first 100 days have been a failure. Even as Trump has successfully seized power from Congress and some organizations have bent the knee to his every request, lawyers are winning in court, and some law firms, businesses, universities, and individuals are standing up to the president who would rather be a king. Trump may not have lost the first 100 days, but he hasn’t exactly won them either. Our democracy has been weakened, but it can still be saved.
Thursday is May Day, May 1st. There will be renewed protest marches across the country, many of them focused on Americans’ increasing awareness that the fundamentals of democracy, which we’ve taken for granted for so long, are in danger. It’s not just due process concerns, although that is an enormous part of it, as the deportations continue. Last week we learned that included some involved American citizen children and children with cancer, with Secretary Rubio offering a sorry rejoinder on Meet the Press this morning, blaming the mothers who took young children back to their countries of origin with them, rather than being forced to abandon them. There are plenty of reasons to march.
This will not be the first time Americans have engaged in mass protests on May Day. In 1971, tens of thousands of people took to the streets in Washington, D.C., to protest the Vietnam War. They began on May 3 and continued for two more days. By the time the protest ended, more than 12,000 protestors had been arrested. The protesters’ goal was to cause a traffic jam that would keep government employees from getting to work; their slogan was “If the government won’t stop the war, we’ll stop the government.”
Mass protests that are large and sustained have an impact on even an entrenched presidency. They did with Nixon. The White House Historical Association’s official version of events concludes that “the enormity of the protest pushed Nixon to accelerate the nation’s exit from Vietnam.”
Even though it’s a different era, protests are bound to get to the thin-skinned president whose staffers, during his first term in office, had to prepare folders of positive stories about Trump for him to review twice each day. Imagine having thousands of people protesting within earshot of the White House. It must be even more galling because these protests are nonviolent and aim to support democracy through a legitimate exercise of First Amendment rights. They make a powerful statement, in contrast to a president who has abandoned the rule of law.
In 1970, two-thirds of Americans had come to believe U.S. involvement in the Vietnam War was a mistake. We are not quite there yet when it comes to people’s view of the Trump administration. The most recent NBC News Stay Tuned Poll shows only 45% of Americans approve of the job Trump is doing. But, when asked about how strongly they hold their beliefs about the president, “the vehemence of the opposition outweighs the intensity of support from the president’s MAGA base.” Twenty-three percent of Americans said they were “furious” about what Trump is doing.
Thursday is also Law Day, an annual celebration of the rule of law. Although it has been in effect since 1958, it doesn’t usually receive much attention. This year, lawyers across the country have big plans for the day—make sure you look to see what’s going on in your area. President Dwight Eisenhower established Law Day as a day of national dedication to the principles of government under law. State Bar Associations hold essay competitions for school children, and there are state and national dinners most years. In 2025, Law Day takes on special significance as Americans’ concerns about due process come to the forefront. How fitting that the May Day protests sync with the Law Day commemoration.
I’ve been doing a lot of research and writing about the origins of Law Day for my book (Giving Up Is Unforgivable, due out October 21), so I’ll leave that for another time, but I want to make sure everyone knows about Law Day. This year, many lawyers across the country will retake their oath to show their support for the rule of law. There is no reason the rest of the country can’t participate too!
The president issues a proclamation every year for Law Day. Trump did during his first term in office, too. In 2019, the proclamation began, “On Law Day, we renew our commitment to the rule of law and our Constitution. The rule of law requires that no one be above the obligations of the law or beneath its protections, and it stands as a bulwark against the arbitrary use of government power.” Unfortunately, he never lived up to those sentiments. On Thursday, we can look for the proclamation and point out the inconsistencies between what we expect from our presidents and how this one is behaving. The hypocrisy is always full force, and we shouldn’t shy away from pointing it out.
Due process is the sleeper issue of the second Trump presidency. No one really expected democracy issues, let alone concepts like the rule of law and due process to animate a country’s protests. But it’s increasingly clear that Americans are smart, and when we are well-informed, we have no difficulty assessing what matters and what is true. We see more and more of that as Americans carry signs that say “No Kings” and “Due Process” at local rallies. All of us can be advocates for democracy, not just the lawyers among us.
Here at Civil Discourse, we all understand the importance of this. We need to make sure the rest of the country does too. Until the Trump administration is over, it has to be Law Day every day.
In 2024, the Law Day theme was “Voices of Democracy,” recognizing that the people are the rulers in a democracy. Americans express their views without fear of retribution because of the First Amendment and vote in elections to select their leaders. It’s up to us to make sure it stays that way.
This week will bring more briefings in the Abrego-Garcia case and others. There will be outrages, like the fact that Trump has a website hawking merchandise, literally selling the presidency. It’s not just the $50 price tag on the hat; there’s also the slogan, “Trump 2028,” a reference to Trump’s not-so-subtle hints that he’d like to serve a Constitution-busting third term in office. It’s not a joke. It never is with him.
So, make sure you take some time this week to celebrate Law Day. Invite people over. Go for a walk with friends or neighbors and share your views. Talk with your kids. Democracy is not automatic; it’s a participatory sport we must all play in together, one with critically important outcomes. Democracy is important. Let’s make sure we play for keeps.
We’re in this together,
Joyce
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