As we approach the midterm elections, one thing is clear: The state of our union is fraught. The country is still reeling from the former president and many of his supporters’ refusal to accept his re-election defeat, and a growing number of “election deniers” are running for public offices that determine, or at least evaluate, election results.

Many in the legal profession are rightly concerned with the fragility of the rule of law and the norms that sustain it, creating a foreboding of an inconclusive, perhaps actually stolen, election in 2024. Indeed, this worry is laden with the additional fear of the violent insurrectionism we experienced last year. Former president Donald Trump is not solely responsible for the current state of affairs, but his reaction to defeat certainly exacerbated an underlying contentiousness in the country. The question we face, therefore, is stark: Will our constitutional democracy survive?

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