the rule of law depends to a great degree on the probity of lawyers and judges. Law graduates, when admitted to the bar, become “officers of the court,” and this is no quaint honorific like “esquire.” Each time they assume the burden of advocacy for a client, they also take on a duty to the court of the jurisdiction in which they practice on the client’s behalf. The lawyer is the conduit through which the client’s interests are communicated to the court, and, in the opposite direction, through which due process is meted out to the client. Just as the judge is expected to have no conflicts of interest in the case before him, the lawyer representing a party is expected to have no interest whatsoever that can be distinguished from those of his client. The judge must be disinterested in the outcome, but the advocate must have, and appear to have, an identity of interest with the client and cause on whose behalf he advocates. Once assuming this burden, his own private, competing impulses to separate himself from his client must vanish from his calculations, for his duty is a public one, vital to the provision of due process, and, for that reason, is of the utmost solemnity.
This is why this episode is different from other episode’s of strong-arm tactics by the Human Rights Campaign to marginalize and de-legitimize people who oppose its ideological agenda.
But what is behind this unexpected caving of such a large and well-esteemed law firm? If King & Spalding’s leaders exhibited cowardice and a failure of integrity, it is worth our noticing that they were bullied into it by the organized enemies of DOMA, led by the euphemistically named Human Rights Campaign (HRC). It is increasingly clear that the movement for same-sex marriage has no regard for the ethical norms of institutional integrity that ordinarily govern the processes of republican self-government in the United States.
The By Any Means Necessary crowd is over-reaching itself.