“Equal justice under law” are the words engraved above the entrance to the U.S. Supreme Court in Washington, D.C. This standard is the bedrock principle upon which the entire judicial system of the United States is founded. The symbol of this principle is the figure of the blindfolded lady holding the balanced scales of justice.

As a proud attorney and member of the Maryland Bar for nearly half a century, I have spent my adult life defending and celebrating that principle and the American system of justice. The Constitution and our courts are rightfully the envy of the world. So it fills me with dismay to see fervent advocates on both the far left and far right undermining our judicial system by engaging in what has come to be called “lawfare.”

Lawfare consists of waging war against your political opponents by using the courts to target, indict, convict and incarcerate them. In a lawfare environment, the resources of the state are deployed to go after political opponents for whatever creative offenses resourceful prosecutors can come up with. The symbol of justice no longer wears a blindfold; she scowls at the state’s enemies and presses the scales of justice to ensure their conviction.

Partisans in both political parties are guilty of waging “lawfare” against their opponents, and its use is growing more frequent.

In 2016, we saw Donald Trump lead chants of “lock her up” as he campaigned against Hillary Clinton, even though the FBI recommended no criminal charges against her for her storage of government emails on a private server. Clinton had neither been indicted nor convicted of any crime, but Trump supporters nonetheless were eager to see her behind bars.

In 2021, Alvin Bragg was elected Manhattan district attorney after campaigning on a pledge to investigate Donald Trump and “hold him accountable.” Even though his predecessor opted not to file charges against Trump, Bragg indicted and convicted Trump based on an oddball legal theory focused on paperwork surrounding hush money payments to a porn actress. Last month, former New York Governor Andrew Cuomo spoke for many responsible attorneys when he said the defendant would have never been charged “if his name was not Donald Trump.”

We just saw a special counsel, with all the resources of the federal government, investigate and convict first son Hunter Biden for incorrectly filing paperwork for a 2018 gun purchase. Is there any doubt that if the perpetrator’s name was Hunter Hyden instead of Hunter Biden, there would have been no special counsel, no years-long investigation and no indictment?

Amid all this lawfare, a huge percentage of Americans have lost faith in our system of justice. Trump is favored by about half the electorate, many of whom believe his conviction was corruptly secured. Millions of Americans of different political persuasions are convinced our legal system is badly broken thanks to the prosecution and conviction of Hunter Biden. The loss of faith in our justice system will inevitably inspire efforts to challenge it. Already, Republicans in Congress are threatening to slash the budget of the Department of Justice, and Democrats in the Senate are threatening to “pack” the Supreme Court with leftwing justices.

Why is no one speaking out in defense of “equal justice under law”? Where is the American Bar Association or the state and local bar associations? With respect for law in freefall, why aren’t those whose mission is to support our system of justice using their influence to fight for its founding principles?

We can turn the tide on this disturbing trend. First, prosecutors should refrain from targeting political opponents unless ordinary citizens would be prosecuted under similar circumstances. Lawfare, as practiced by politically ambitious prosecutors, is shameful and a threat to the principles of our justice system.

Second, we must reexamine the role of the special counsel, who is by definition instructed to target a specific individual and use the resources of the state to turn up an offense. There may be a place for a special counsel, but the role should be appropriately constrained to avoid a repeat of past embarrassments like Ken Starr’s crusade to prove former President Bill Clinton lied about sexual impropriety or the targeting of Hunter Biden for his paperwork.

In a society founded on the concept of equal justice under law, we should reject the waging of lawfare as out of bounds and fundamentally inconsistent with our system of ordered justice.

Sen. Chris West (chris.west@senate.state.md.us) is a Republican representing District 42 in Baltimore and Carroll counties.