Social Movement Lawyering and Due Process Values

As I send this Essay off to the Fordham Law Review in early January 2025, many people in the United States remain in a state of shock following the recent election of Donald J. Trump to a second term as President. Theories abound as to why a person who espoused so much hate won the allegiance of a majority of American voters; some commentators have suggested that “anti-wokeism” is to blame. To be sure, the Trump campaign manipulated conservative social values to gain support. But conservative values are not necessarily anti-woke values. Ancient values oppose treating people badly and interfering with individuals’ liberty to live as they choose. These core “woke” values are not the reason for the totalitarian shift reflected in Trump’s election.