Rule of Law Clinic Reports Focus on Maintaining Continuity of Presidency and Congress

Two new reports released by Fordham Law School’s Rule of Law Clinic conclude that the federal government is not adequately prepared to continue functioning in a crisis. One of the reports recommends reforms to the presidential line of succession, while the other considers how Congress can continue working in the aftermath of a catastrophe. Students researched and wrote the reports during the spring 2022 semester.

“The pandemic and the January 6th Capitol attack are only the most recent events to threaten the government’s ability to carry on with the people’s business,” said Dean Emeritus John D. Feerick ’61, who co-teaches the Rule of Law Clinic with Senior Fellow John Rogan ’14. “These events should encourage reforms to resolve the flaws and gaps in continuity of government plans, including for the legislative and executive branches. The students have made important contributions to that work with their reports.”

In “Planning for Emerging Threats: Rethinking the President Line of Succession,” authors Gregory Ascher ’23, Myrna Nakhla ’22, and Colin Shea ’23 advocate for reordering and changing the composition of the presidential line of succession. These reforms are needed, the report argues, because the current line of succession law could result in an ill-suited successor to the presidency.

“Ensuring Continuity of Congress,” by Rachida Mecheri ’22, Bryce Robins ’22, & Benjamin Roth ’23, explores how Congress can continue to legislate if many of its members die or become incapacitated or if lawmakers’ ability to meet at the U.S. Capitol is challenged. The report recommends procedures for rapidly replacing members of Congress in the event of mass death or incapacity; declaring members of Congress incapacitated during an emergency; and implementing emergency protocols.

As part of their research, the students interviewed former government officials and scholars. They presented their recommendations to members of the Continuity of Government Commission at the conclusion of the semester.

Over the summer, the Rule of Law Clinic released a report calling for improvements to New York’s procedures for gubernatorial succession and inability. It was part of the clinic’s focus in the spring 2022 semester on continuity of government issues at the state and federal levels.

All of the clinic’s reports from the last semester are available here.