University of Nebraska law professors express concerns over Trump administration's actions

More than 30 current and emeritus faculty members at the University of Nebraska College of Law sent a letter to Nebraska’s congressional delegation this week, citing concerns over what they see as the Trump administration’s lack of respect for the rule of law.

“We are concerned that the rule of law is in peril, and we urge you to be vigilant in its defense,” the letter, from 33 faculty members, reads in part.

The professors expressed concern about the administration’s revocation of student visas, the lack of due process for immigrants prior to deportation, the failure to comply with orders from the Supreme Court and retaliation against law firms challenging the legality of the administration’s actions.

Eric Berger, one of the letter’s signees, said this was the first time he could recall so many professors addressing members of Congress this way.

“As law professors with unique expertise on this subject, we had an obligation to speak out and alert members of the public and call upon our representatives in Congress to stand up to protect the rule of law,” he said.

The letter doesn’t represent the official position of the University of Nebraska or its law school, though Berger said the professors who drafted the letter have a range of political leanings.

“We disagree with each other about all kinds of important legal and political and policy issues, but in this case, we all came to an agreement that the rule of law is in danger for the various reasons we cited in the letter,” he said.

Berger said those who agree with most of Trump’s policies should still be wary of the precedent being set for future administrations with different partisan leanings.

“If this administration can go after lawyers that represent clients and causes the President doesn't like, that means the next administration could do that, too, and that means that if there's another president who you don't like and you try to challenge the legality of what that President is doing, that President can make it hard for you to get a lawyer by going after and targeting the lawyers who challenge the administration,” he said.

Richard Moberly, Dean of the University of Nebraska College of Law, didn’t sign the letter himself, but he did express support for his faculty’s ability to send it.

"I am proud to be dean of a law school with faculty who use their expertise to advise our elected representatives on important issues related to the rule of law,” he said in a written statement. “I wholeheartedly support their First Amendment right to do so, just as I wholeheartedly support the First Amendment rights of faculty who might issue public statements with contrary views. I also am gratified to live in a state with elected officials who are open to hearing from a wide variety of perspectives.”