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WIRTW #754: the ‘due process’ edition

By Jon Hyman on April 4, 2025
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“If you violated the law, you are not entitled to due process.”

– Rep. Victoria Spartz, March 2024

Let that sink in. An elected official—sworn to uphold the Constitution—said that people who allegedly violated the law are not entitled to due process.

That’s not just legally wrong. It’s dangerous.

Due process is the mechanism by which we determine whether someone did violate the law. It’s not a prize we give afterward. It’s the protection we guarantee beforehand. That’s literally the point.

We don’t just arrest people and skip the trial part. At least, we’re not supposed to.

But we’re increasingly seeing a frightening trend of “disappearing” people:

⮞ Immigrants detained indefinitely without hearings, or worse, sent to awful prisons overseas never to be heard from again.

⮞ Protesters and students punished based on accusations, not findings.

⮞ Politicians demanding instant penalties before any legal process unfolds.

That’s not how this works. That’s not how any of this works.

We can’t cherry-pick the Constitution based on who we like or what someone’s accused of doing. Once we start deciding who “deserves” due process, we’re no longer a nation of laws—we’re an authoritarian regime of vibes and vengeance.

Due process is what makes our system fair. It’s what makes us America. If that’s controversial, we’ve got problems bigger than politics.


Here’s what I read this week that you should read, too. 

The Rule of Law is Our Business: Thoughts on Trump’s Attack on Big Law — via LiberalCurrents
 
Lawyers Face an Existential Choice — via Boston Review
 
Skadden Seeks Coward’s Deal with Trump Administration and Skadden Associate Gives Rousing Speech Before Quitting Fraidy-Cat Firm — via Above the Law 
 
Lawyers Get In On Day Of Protest Against Trump Administration — via Above the Law  
FBI raids home of prominent computer scientist who has gone incommunicado — via Ars Technica 

Here’s what military planning usually looks like — and why it doesn’t include Signal — via The Verge
 
A look into JPMorganChase’s pivot from DEI to ‘DOI’ — via Ragan 

DEI, Quotas, and Termination? A Court Says the Lawsuit Can Proceed — via Eric Meyer’s Employer Handbook Blog 
 
LGBTQ+ discrimination ‘strongly influences’ where people work, report says — via HR Dive 
 
Been There, Done That: Trump Nominates EEOC Acting Chair Andrea Lucas to New 5-Year Term — via Joe’s HR and Benefits Blog 
 
Buzzkill: Trump’s trade wars threaten America’s craft brewers already reeling from changing tastes — via Associated Press
 

Sapporo-Stone Brewing Spent Over $100K Busting Its Union. Here’s Why. — via VinePair 
 
ZeniMax union votes to authorize a strike — via The Verge
 
Why Your Frontline Employee Turnover Is High — via Harvard Business Review  
Hue’s on first: overly broad noncompetes and the red pencil, blue pencil, purple pencil, and reformation rules — via Fair Competition Law

     

Related Stories

  • WIRTW #753: the ‘autocracy’ edition
  • WIRTW #752: the ‘this is 40’ edition
  • WIRTW #751: the ‘losing’ edition

 

  • Posted in:
    Employment & Labor
  • Blog:
    Ohio Employer Law Blog
  • Organization:
    Jon Hyman
  • Article: View Original Source

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