Ken Klukowski

Everyone should have access to a lawyer. The U.S. Constitution empowers the courts to decide whether a law is unconstitutional, but also requires that a court only do so if arguments are presented on both sides. Our constitutional system of government calls for both parties putting their best arguments on the table, so that a judge has everything necessary to arrive at the correct decision.

But leftist zealots evidently don’t care about a court reaching the right decision, calling for punishing anyone who has enough faith in the American legal system to wage an honorable contest in court.

When Ted Olson decided to take a case arguing that the U.S. Constitution includes a right to same-sex marriage which mysteriously went unnoticed by anyone in the country for over 200 years, no reputable group called for boycotting his firm, Gibson Dunn & Crutcher. Nor should they. Gibson Dunn argues for many causes and clients, many of them right.

Yet in an instance of craven cowardice, King & Spalding caved to pressure and has withdrawn from the case. Rather than stand by the principle that every issue—especially one unpopular to some—deserves fair consideration in court, the firm’s chairman, Robert Hays, said that the firm was quitting.

Clement—a top Supreme Court lawyer with over fifty cases before the Court—would not cave. Rather than abandon his client, he resigned from King & Spalding. He has now joined Bancroft PLLC, a law firm and policy organization featuring well-respected conservative lawyers and analysts.

And no one can lose sight of his client’s identity: the U.S. House of Representatives. This isn’t some traitor, or depraved serial murderer of children, or terrorist regime. This is the House representing the American people, chosen by We the People.

I don’t even know if Clement is personally pro-marriage. Maybe he’s not. But he took it as his duty to represent our Congress in court. He’s a patriot for answering that call.

People should remember this episode as showing the oppressive nature of some leftists. They scream about freedom when it suits their purpose, only to deny others freedom to even be heard. On this issue, pro-marriage advocates—especially churches and ministries faithful to biblical teaching on marriage—had better take heed. You will be next.

The truth is never afraid of a good debate. At the core of the First Amendment is the idea that people must be free to speak, because the best ideas should win in the end. The Federalist Society was founded upon that premise in hosting debates at law schools, reasoning that on a level playing field, the best ideas should prevail.

Those who oppose debate do so because they fear that they cannot overcome opposition. Those who try to prevent an opponent from having a good lawyer in court fear that the law may not be on their side.

A nation under the rule of law requires top lawyers to take up both sides of legal issues going to court. Solicitor General Paul Clement shows great courage by upholding that principle. Every solicitor general and deputy solicitor general alive today—both Republican and Democrat—should express their support for the brave stand taken by Paul Clement.


Ken Klukowski

Ken Klukowski is a bestselling author and Townhall’s legal contributor covering the U.S. Supreme Court, and a fellow with the Family Research Council, American Civil Rights Union, and Liberty University School of Law.