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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDisbarment will be rendered obsolete under Trump.
Oh there may be certain blue states which attempt to prevent attorneys from practising in their own courts when someone is disbarred for complicity in Trump-era official misconduct.
But a new federal license will be legislatively created to enable an attorney to practice in federal courts as long as the boss hasn't blackballed you for some other reason.
Ol Janx Spirit
(1,032 posts)...heading in this direction. At the moment I do not see anything blocking the path to authoritarianism. Where will the heroes come from
--if they come at all? Like the American Revolution, the American Civil War, the Great Depression, World Wars I and II, the turmoil of the Civil Rights Movement, 9/11, and the COVID 19 pandemic: this time we are witnessing will forever be a part of history generations to come will remember.
Ms. Toad
(38,726 posts)The bar controls licensing in each jurisdiction. Generally that is each state, and each federal court. A license doesn't entitle you to practice law anywhere but the jurisdiction that granted you the license. So, unless you are licensed in that blue state - you can't practice in the state courts there anyway. And your right to practice in federal court in a blue state is governed by that federal court (not the state licensing). But - being disbarred in one jurisdiction generally means you will be disbarred in every other jurisdiction. Most jurisdictions have reporting requirements regarding disbarrment.
The judicial branch, not the legislative branch, controls licensing to practice law.
Frasier Balzov
(5,079 posts)We have by these examples the claim that impairment of their licensure was motivated by corrupt political bias within the disciplinary mechanisms of their respectively domiciled bar.
The legislature's police power over the legal profession is concomitant with the judiciary, and follows from its acknowledged right to regulate other professions affected with a public responsibility.
Since a bumper crop of Trump lawyers are now involved in conduct which could ultimately impair their licensure, my suspicion is that the practice of law itself in all courts throughout the land could be federally preempted.
I say this with a clearer understanding than ever before of the lengths those holding power will go to in order to fix what they see as wrong with the system.
So I agree with you with this caveat as to tense: You have described the system as it formerly will have been.