Of Interest

The 2010s and beyond

 
 

by Austin Blessing-Nelson   |   Michigan Bar Journal

 

We wrap up our celebratory reflection on 100 years of the Michigan Bar Journal by revisiting the 2010s and early 2020s which, not surprisingly, were filled with significant events. Not unlike the happenings of the previously covered decades, some events were sad, some were horrifying, some were exciting, and some will shape the course of history for years to come.

Sticking strictly to the legal arena, the nearly 12-year span included passage of the Patient Protection and Affordable Care Act (and the subsequent challenges and changes to it), the repeal of the U.S. military’s “don’t ask, don’t tell” policy, enactment of the Dodd-Frank Consumer Protection Act, and many new rules and laws regarding sexual assault, including changes to statutes of limitations.

Numerous U.S. Supreme Court opinions altered American jurisprudence. The SCOTUS ruling in NCAA v. Alston allowed college athletes to profit from their likenesses. This summer, the Court overturned Roe v. Wade and Planned Parenthood v. Casey with its decision in Dobbs v. Jackson Women’s Health Organization. In addition to holding that there is no federal constitutional right to have an abortion, Dobbs also throws other precedents and rights into a state of limbo.

Many important legal changes have occurred in Michigan as well, including a series of reforms designed to improve Michigan’s no-fault car insurance system, legalization of recreational marijuana, and creation of the Michigan Independent Citizens Redistricting Commission.

As we all know, the COVID-19 pandemic threw the entire world for a loop. It forced us to reevaluate how our society operates — where and when we work, how we gather, and how we interact with one another. The permanent effects of the pandemic remain to be seen. In response to COVID-19, courts, which traditionally conducted even the most routine business in person, took proceedings to Zoom. Even as we emerge from the pandemic, courts are reevaluating what should be done in person and what can be done via Zoom. For many young litigators who became attorneys during the pandemic, the once-routine job of going to a courthouse for status conferences or a motion call is a foreign concept; many have only been to a courthouse a few times as an attorney, if at all.

Finally, you may have noticed that the Bar Journal last year was redesigned to modernize its look. Additionally, the online version was updated to make it more user friendly and easier to read on mobile devices.

This decade, much like those that preceded it, was full of ups and downs and historic and defining events. Only time will tell what the next decade has in store.

The continuing role of lawyers in today’s ever-changing world

As we have seen over the past year’s reflections in connection with the 100th anniversary of the Michigan Bar Journal, the world is ever changing, and society is constantly reexamining itself. Quite often, attorneys find themselves at the forefront of many of these changes, particularly on the legal front. This can result from activism, publishing articles, advocating for a client in the courtroom, legislative or administrative processes, and even judges deciding cases.

On a related note, as this series has shown, society is currently in the middle of reexamining and changing many of the rules, laws, and norms of the past. This includes taking a closer look at how we handle allegations of sexual misconduct, race relations and policing, access to justice, and more.

This series has showcased many examples of how lawyers can change the world forever, from civil rights cases to major prosecutions to helping establish — and sometimes disestablish — precedents that have altered American jurisprudence to helping enact and enforce laws and administrative rules. However, one does not have to look too far into the past to see examples of the impact lawyers have on our society. In fact, numerous high-profile occurrences have already taken place in the past 12 years.

For example, the conviction of movie executive Harvey Weinstein is considered a watershed moment for the #MeToo movement. More examples can be seen in the death of George Floyd and the ensuing investigations, trials (including those of the involved police officers, of police officers involved in other incidents, and of Kyle Rittenhouse), debates, protests, and proposed and enacted legal changes — including changes to qualified immunity — that followed as a result. There have also been legal issues and challenges related to the ongoing COVID-19 pandemic, battles over voting rights and election integrity, and questions regarding the power of the federal government, many of which have been fought in courtrooms or have otherwise required the involvement of lawyers.

Another recent example showcasing the many roles of lawyers is the U.S. Supreme Court overturning Roe v. Wade and Planned Parenthood v. Casey this summer with its opinion in Dobbs v. Jackson Women’s Health Organization. In addition to holding that there is no federal constitutional right to an abortion, this decision also throws other precedents and rights into a state of limbo which will undoubtedly be a source of much future debate, litigation, and legal advocacy. This ruling was the result of the work of many lawyers and lobbyists over many years, who crafted state laws, advocated for certain judicial nominees, built coalitions and support, slowly chipped away at abortion protections through prior cases, and otherwise laid the foundation that ultimately led to the decision in Dobbs.

Undoubtedly, we will soon see many attorneys and lobbyists on the other side of the issue pushing back. In fact, it has already begun. New laws are already being advocated by both sides and existing laws and decisions are being challenged (or sought to be enforced) in courts. Watching this battle closely allows us to witness firsthand the importance of lawyers in our society and how their work can alter the world.

And this decade has barely just begun! As we all know, there are many challenges we face right now as a society which, depending on the chosen paths and outcomes, will change our world — possibly forever. In addition to abortion, these include ongoing debates and challenges around civil rights; data privacy; the wealth gap; war; the environment; corporate accountability; what a post-COVID-19 society should look like and whether or not we should modify our culture as it pertains to where, how, and when we work; how we deal with moral and political disagreements; how America should interact with the rest of the world; the role of government; and countless other issues. Many of these challenges implicate our legal system, and many will undoubtedly be resolved through the involvement of lawyers.

Only time will tell how these many conflicts and issues will be resolved and what those solutions will look like, but one thing seems certain as it pertains to the role of lawyers in our society. As history has shown — and as has been discussed throughout the Bar Journal 100th anniversary series — lawyers have always served as agents of change whether intentionally or as a consequence of their advocacy on behalf of their clients. As we continue to face the challenges of today and beyond, there is no reason to suspect that this will change. In fact, as society deals with sensitive issues and tough questions that affect its very structure and how it should look, it is entirely possible that lawyers and their work will play an increasing role moving forward.

However, one must remember that the legal profession itself is a part of society and not immune to issues and changes. In fact, the profession is currently reexamining itself and how it should function, looking at issues such as how courts should operate in a post-pandemic world, what the bar exam should look like, how law firms should operate, the role of legal technology, and how we should handle attorneys who participate in advocating for unsubstantiated claims, such as the lawsuits and legal challenges related to the alleged issues surrounding the 2020 presidential election.

But even as the legal profession itself changes, it’s likely that the role of attorneys as agents of change is not destined to end. In fact, it appears that the legal profession will likely be at the forefront of many of the issues of today and tomorrow, and lawyers will help determine how our society and, indeed, our world will look moving forward.