Loyola Law Alumnus Writes Op-Ed on Legal Ethics and the Rule of Law

Jim Saranteas, a School of Law alumnus and recipient of the St. Bellarmine Award, published an op-ed for the American Constitution Society’s website Nov. 7 titled “The ‘Big Lie’s’ Autocratic Assault on the Rule of Law: Attorneys Can Stop It.”

The op-ed focused on lawyers and their status as representatives of the legal system. Saranteas called on the legal community to advocate for truth and accountability in the face of the growing spread of misinformation, which he said has become a tool in shaping public opinion and influencing political outcomes. He argued misinformation stemming from these pressures significantly threatens democracy.

Saranteas said he was motivated to write the piece after listening to responses surrounding the  verdict of Donald Trump’s bank fraud case. President Elect Trump was found guilty of 34 felony counts of falsifying business records in an investigation centered around a hush money payment to adult film actress, Stormy Daniels, according to The Associated Press. 

Politicians and lawyers appeared on news or talk shows following the rulings, disregarding the evidence-based decisions made in the courtroom by claiming the outcome was false, according to Saranteas. 

“I was upset that we had this person walking around lying about our election,” Saranteas said. “And attorneys, who happened to be politicians, basically lying. It seemed to me that it just wasn’t right.”

Saranteas said the article was a continuation of an Oct. 18 piece he published titled the “Attorneys Failing Us as to the Rule of Law: ‘The Big Lie’”. In this article, Saranteas labeled the misinformation about the 2020 election outcome as the “Big Lie” and blames it for the Jan. 6 attacks.

Saranteas said he thinks the erosion of trust in democratic processes, fueled by misinformation such as the “Big Lie,” presents a threat similar to Hungarian Prime Minister Viktor Orbán’s consolidation of power. 

Orbán’s authoritarian rise involved undermining Hungary’s democratic structures through tactics such as appointing loyalists to the judiciary and limiting the power of opposition parties through electoral reforms, according to AP. 

In his article, Saranteas said the U.S. is experiencing similar tactics with “extreme partisan gerrymandering” and the potential implementation of Project 2025. 

“Here’s this country, front and center, where this individual, very successfully through the work of attorneys, was able to solidify his power,” Saranteas said. “There’s a chance he will be President until the day he dies, and set the laws he wants.”

Saranteas said preserving trust in the legal system is crucial, as attacks on judges and court rulings undermine democracy’s foundation of law and order. These assaults can dissolve public confidence, make judicial decisions less enforceable and push society toward chaos, according to Saranteas.

Saranteas also pointed to modern media’s role in amplifying divisive views. He said social media and other platforms allow people to form exclusive political groups based on shared, often polarized, opinions instead of engaging with alternative perspectives.

“They’ve now formed a group of people,” Saranteas said. “I honestly don’t know how we stop it, but there can’t be two truths.”

Adjunct Professor of Constitutional Law Michael Walsh said he believes the erosion of trust in legal institutions began long before Trump’s “Big Lie.” Walsh said critical legal decisions have fueled skepticism about the judiciary, particularly those made by the Supreme Court.

“Two summers ago, when the court overturned Roe v. Wade, and before that, the Bush v. Gore decision — those two come right to my mind,” Walsh said. “They certainly appear to be decisions that have eaten away at what we would view as nonpartisan, blind justice and instead can be categorized, somewhat fairly, as outcome-oriented justice.”

Walsh said the shifting legal landscape isn’t solely a problem for attorneys but reflects how legal groups may influence constitutional interpretation. He pointed to organizations such as the American Center for Law and Justice and the Federalist Society as examples.

“Through their campaigns, groups have significantly altered the First Amendment’s free exercise clause,” Walsh said. “They’ve been highly effective in feeding law school graduates to clerk for conservative justices, advocating for right-leaning legal theory and facilitating the appointment of conservative judges, particularly during the Trump administration.”

Walsh said these movements didn’t emerge overnight. 

“The groundwork was carefully laid,” Walsh said. “They’ve been diligent and effective in placing right-leaning judges on the bench and electing presidents aligned with their vision.”

Saranteas’ article dove into the power of free speech, information and commentary, emphasizing how words can shape perceptions and outcomes. 

Associate Professor of Law and Social Justice Alan Raphael said he’s concerned about Saranteas’ critique, questioning how it affects the protection of free speech. While he said he commends Saranteas for emphasizing vigilance and action, Raphael said he also acknowledges how political discourse and disagreement are constitutionally protected.

“Our protections of free speech apply not just to factually accurate statements, but also to inaccurate statements and to opinions that can’t be categorized as either accurate or inaccurate,” Raphael said. 

Raphael said he agrees threats to democracy, like those seen in Hungary or Brazil, should be taken seriously. However, he said he questions Saranteas’ call for organizations like the American Bar Association to actively challenge certain political or legal developments.

“It’s one thing to voice an argument over a government decision, but it’s entirely different to push for bar associations to actively attack such decisions simply because of disagreement,” Raphael said.

Saranteas said he hopes his article will inspire meaningful change, urging attorneys to lead by example and reaffirm the legal system’s foundational principles.