Spencer Farris, The Levison Group
You don’t have to look very far to realize that we are living in strange days. Every time I thought 2016 couldn’t get any weirder, it said “hold my beer and watch this.” That phrase is usually the last words of a redneck, but in 2016’s case, it felt like we were living an episode of the TV show “Jackass,” or maybe “Punk’d.” I planned to stay up on New Year’s Eve just to make sure the year left as scheduled. I fell asleep instead, so maybe the continuation of the strange is partly my fault.
Longest absence from a baseball championship? Ended. Second longest one? Also ended. One of the strongest voices for forming the European union quits it? Check. If there is comfort in consistency, the Cleveland Browns and U-Haul friendly Rams are still dreadful.
Under Analysis avoids political discussion by design. I don’t know where to start with the weirdness in American politics anyway. A Supreme Court justice died, and it wasn’t the oldest nor the one expected to pass first. The Senate refused to even consider a replacement, effectively eliminating a sitting president’s right to appoint to the highest court in the final year of his second term. Meanwhile, the Supreme Court continued to function.
Our new president got elected after ignoring traditions (releasing his tax returns, for example) and will likely take office while ignoring the constitutional requirement of sequestering assets from his control. If his executive orders are anything like his executive twitters, 2017 will only get stranger.
Our very electoral process got strange in 2016. Russia played a hand in the presidential election, without any repercussions. Sabers have rattled for less. In years past, there would have been a public outcry and congressional hearings, perhaps even a reboot of the election. So far, our response has been limited to grumblings. The role of lawyers will be tested as the year marches on — if the law of the land doesn’t apply to lawmakers, what are lawyers to do when representing clients?
Shortly after the election, thousands of lawyers formed a group on social media. Except for some grumbling and mumbling, the only real discussion was about the “proper” name for the group. It was a lot like the “Peoples’ Front of Judea” skit in “Life of Brian.” I checked out shortly after that. It is certainly easy for lawyers to do nothing. I find myself wondering what I can, and should do. So far, I am just grumbling and mumbling myself.
Those of us that represent injury victims brace after every election. We are in one of the few professions where the rules change with every new slate of elected officials. Some of the changes are sweeping, others are “nothing bills” that solve a problem that never existed in the first place.
My favorite nothing bill—a complete repeal of the common law—is almost always brought up in my home state of Missouri. A legislator who probably got a D in high school civics will think it is a travesty that judges dare try to square a poorly written law with the constitution. They want to reduce the role of judges to calling balls and strikes, but not actually interpreting what the law means. These legislators are always the ones without law degrees, and their sloppy draftsmanship of laws makes the judicial role all the more necessary. In other words, they create the problem and then seek to compound it by limiting the proper role of the courts.
Martin Luther King Day reminds us that lawyers can, and should, be active in strange times. I read the testimonial of a civil rights activist who was arrested more than 40 times during the protests of the 1960s. He was quick to acknowledge that but for the courage of attorneys who came to his aid, he would likely have died in jail. Lawyers have historically been courageous, standing up for unpopular causes. John Adams comes to mind, as thousands of others like him. In 2017, we will have ample opportunity to do so again. The challenge is seeing, and seizing, those opportunities.
In the meantime, 2017 seems eager to continue the weirdness of its predecessor. Time to buckle my chinstrap and hang on. I hope your helmet is on tight as well.
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Under Analysis is a nationally syndicated column. Spencer Farris is the founding partner of The S.E. Farris Law Firm in St Louis, Missouri. Comments or criticisms about this column may be sent c/o this newspaper or directly to Under Analysis via email at farris@farrislaw.net.
©2017 Under Analysis LLC
