The state of the rule of law in the US: Where are we now, and what is to come?

Rule of law in the United States—long the envy of countries around the globe—has become a hotly contested issue on both sides of the political aisle. Recent developments, including with respect to the leadership of the Department of Justice and the Supreme Court nomination process have heightened the stakes. The fair application of the law by independent, executive-branch law enforcement agencies and by the judiciary, overseen by Congress, has served as a historical guarantor of U.S. democracy. But in today’s volatile climate, we are faced with a host of difficult questions about what comes next as we strive to maintain the balance between independence and accountability and to enforce our laws.

On Wednesday, Oct. 3, Governance Studies at The Brookings Institution hosted a half-day event on the rule of law, featuring three bipartisan panels of prominent experts. The first panel discussed the role of national security and law enforcement, the second focused on government oversight, and the third broadly explored the rule of law and the strength of this crucial pillar of democracy. Between panels, a pre-recorded interview between Norman Eisen and Preet Bharara was screened, and Benjamin Wittes conducted a live interview with Ken Starr via remote video.

After each panel, speakers took questions from the audience.