There would be considerable historical irony if the court decides to use the 14th Amendment to provide the legal cover for reversing a generation of Black political progress in the South. Initially designed to enshrine federal civil rights protections for freed people facing a battery of discriminatory " Black Codes" in the postbellum South, the 14th Amendment's equal protection clause has been the foundation of the nation's modern rights-based legal order, ensuring that all U.S. citizens are treated fairly.
A student-led coalition has gathered more than 2,600 signatures from law students, legal academics, and law student organizations across 109 law schools calling on Congress to pass the Federal Officer Accountability Act. As the Department of Homeland Security disappears suspected migrants without due process, arbitrarily harasses citizens, and point blank kills innocent people on camera, a shocked public has learned what lawyers have talked about for years: the government has stacked the immunity deck to functionally shield law enforcement from accountability.
The Founders, in creating and nurturing our system of governance by and through the Constitution provided separate and distinct branches of government, the Legislative, Executive and Judicial and, further, provided for intentional, established and delineated checks and balances so that power was balanced and not able to be usurped by any one branch tyrannically against the interest of the citizenry.
