American Bar Association files suit to halt government intimidation of lawyers and law firms; American Bar Association (ABA), June 16, 2025

American Bar Association (ABA); American Bar Association files suit to halt government intimidation of lawyers and law firms

"The American Bar Association today filed a lawsuit against the U.S. government, more than two dozen federal departments and agencies, and the heads of those departments and agencies, asking a federal court to declare unconstitutional the Trump administration’s ongoing unlawful policy of intimidation against lawyers and law firms and to enjoin the government from enforcing the policy. 

Since taking office earlier this year, President Donald Trump and his administration have used the vast powers of the executive branch to coerce lawyers and law firms to abandon clients, causes and policy positions the president does not like, the lawsuit asserts. The Trump administration has carried out this policy through a series of executive orders, letters, memos and public statements designed to damage certain law firms and intimidate others. These relentless attacks have produced a chilling effect across the legal profession — including on many members of the American Bar Association — causing harm to the justice system at large and limiting access to representation for individuals and organizations whose positions the administration disfavors. 

The ABA stands for the rule of law and access to justice for all. Today, the American legal profession and the members of the American Bar Association face an unprecedented challenge. As the nation’s largest voluntary association of lawyers, the ABA is compelled to take action and seek meaningful relief through the courts on behalf of its members and in support of the American bar. 

Attacks on the legal profession are uniquely destructive because of the critical role that lawyers fulfill in the constitutional system of our country, the lawsuit notes. Without skilled lawyers to bring and argue cases, the judiciary cannot function as a meaningful check on the executive branch.  

The ABA’s lawsuit details how President Trump and his administration have adopted and implemented this Law Firm Intimidation Policy on an ongoing basis. The administration has targeted firms who have engaged in disfavored conduct. It has issued sanctions designed to cripple their businesses and limit their ability to freely represent clients. Tactics include terminating security clearances, severing government contracts of law firms and their clients, limiting access to federal buildings and refraining from hiring employees of certain firms for jobs in the federal government. 

As detailed in the filing, some firms have contested the orders in court while many others have entered into deals with the administration to avoid becoming the target of future executive orders. The result of the Law Firm Intimidation Policy has been a pervasive fear within the legal community and the justice system at large. Many attorneys are no longer willing to take on representations that would require suing the federal government because doing so poses a serious risk of becoming the next target of the administration’s devastating sanctions. This blizzard-like chill on the profession has continued even after firms challenging their own executive orders have won repeated court victories. Those victories only protect those firms. The ABA has filed this action to protect all its members, representing a far broader section of the legal profession.

The administration has demonstrated that it intends to continue the Law Firm Intimidation Policy in order to intimidate lawyers and law firms from taking on cases adverse to the president’s interests. These attacks are clear violations of First Amendment rights, including prohibitions on government coercion to suppress free speech, discrimination based on viewpoints held by lawyers and law firms, and the right of citizens to assemble freely and to petition the government. 

“This is the time to stand up, speak out and seek relief from our courts” said William R. Bay, president of the American Bar Association. “There has never been a more urgent time for the ABA to defend its members, our profession and the rule of law itself.” 

The case, American Bar Association v. Executive Office of the President, et al.,  has been filed in the United States District Court in the District of Columbia. 

Read the filing here.

The ABA is one of the largest voluntary associations of lawyers in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on X (formerly Twitter) @ABANews."

ABACLE launches rule of law CLE series to promote democracy; American Bar Association (ABA), March 31, 2025

 American Bar Association (ABA); ABACLE launches rule of law CLE series to promote democracy

"The series will explore the integrity of the legal system and the vital role of an independent judiciary. Participants will hear from experts about safeguarding the rule of law, preserving public trust and ensuring justice remains free from political influence.

Programs will be added regularly to the ongoing series, which will feature nonpolitical, nonpartisan programming focused on support for the rule of law and the role lawyers and courts play in defending the constitutional framework and democratic processes, as well as topics that more broadly address the legal implications of recent administrative changes, court rulings and more.

A real-world example of the issues that will be explored in the series is the impact of recent presidential executive orders on the legal profession and the country."

ABA condemns remarks questioning legitimacy of courts and judicial review; American Bar Association (ABA), February 11, 2025

American Bar Association (ABA); ABA condemns remarks questioning legitimacy of courts and judicial review

"Last week, the administration lost a pretrial motion in a federal district court, which halted government efforts to gain access to Department of Treasury records including private records of many, if not all, U.S. citizens.  

It is certainly not the first time an administration has not prevailed in a pretrial motion in one of thousands of cases it files or defends each year. There is no final judgment in this case and, in any event, the government can appeal in a manner it has done countless times over the years. The right to appeal is there for any party dissatisfied with a court’s decision. It is also the right of every American and the government to criticize a decision made by the courts.   

What is never acceptable is what was said by representatives of this administration, including the misleading assertion that judges cannot control the executive’s legitimate power and calls for impeachment of a judge who did not rule in the administration’s favor. It is also not acceptable to attack the judge making the ruling or try to interfere with the independence of the court.   

These statements attack the legitimacy of judicial oversight just because a court’s ruling is not what the administration wants in a particular case. It is a fundamental cornerstone of our democracy that the courts are the protectors of the citizenry from government overreach. All lawyers know that judges have the authority to determine whether the administration’s actions are lawful and a legitimate exercise of executive branch authority. It is one of the oldest and most revered precedent in United States legal history — Marbury v. Madison. This is a key principle that is taught in the first year of law school.  

These bold assertions, designed to intimidate judges by threatening removal if they do not rule the government's way, cross the line. They create a risk to the physical security of judges and have no place in our society. There have also been suggestions that the executive branch should consider disobeying court orders. These statements threaten the very foundation of our constitutional system.   

The ABA calls for every lawyer and legal organization to speak with one voice and to condemn the efforts of any administration that suggests its actions are beyond the reach of judicial review. We also call for condemnation and rejection of calls for the impeachment of a judge who did not rule in a certain way.   

This is not the first time we have called out criticism and efforts to demonize the courts. The ABA spoke last fall during the previous administration and called out comments from both sides.  

We recognize the potential risk to our profession, the ABA and our members, by speaking. But to stay silent is to suggest that these statements are acceptable or the new norm. They are not. And we will not be silent in the face of such words that are contrary to our constitutional system. They pose a clear and present challenge to our democracy and the separation of powers among the three independent branches. We will stand for the rule of law today as we have for nearly 150 years.  

The ABA is one of the largest voluntary associations of lawyers in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online."

ABA election resources help defend and promote democracy; American Bar Association (ABA), October 28, 2024

ABA President William R. Bay, American Bar Association; ABA election resources help defend and promote democracy

"Election Day is around the corner. The most important thing to do is to vote and encourage your friends, family, neighbors and co-workers to vote. The presidential election has received a great deal of attention. But there are many other federal, state and local offices being filled in this election. In addition, many important issues are on the ballot. Finally, there are many judges who are seeking election or retention.  As attorneys, people look to us for important information about the judges on the ballots. Please provide that meaningful input to them. That enables them to be better informed voters.

Voting is a civic right and responsibility. Everyone eligible to vote should exercise that right. This is our opportunity to have a say in how our government operates. The American Bar Association encourages all to take advantage of this opportunity. 

The ABA also remains committed to maintaining the integrity and public perception of fairness in the electoral process. Our system of elections is among the safest, most secure and most accurate in the world, and lawyers play a vital role in maintaining that. The ABA offers unparalleled resources to support this cornerstone of American democracy, providing nonpartisan programs and information to support civic engagement and advance the rule of law. Spread the word about our valuable resources and share them with your networks.  

Here are some of our most relevant offerings: 

• ABA Election Center helps people register to vote, update registration, find polls and more.
• Voting Checklist answers FAQs on voting and the election.
• Poll Worker, Esq connects lawyers with resources needed to serve as election workers.
• Knight Election Law Forum equips journalists with essential, nonpartisan, fact-based knowledge on election law, in partnership with the ABA.
• Defending Democracy Initiative provides your action plan to protect state and local election administrators.
•  ABA Election Administration Guidelines serve as the association’s framework for fair U.S. elections.
• ABA Election Law Policies guide our advocacy.
• Task Force for American Democracy addresses issues central to preserving our democracy, including ensuring trust in U.S. elections and improving civic dialog.
• Standing Committee on Election Law offers detail on these outstanding ABA resources and our many other initiatives."

Bipartisan Legal Group Urges Lawyers to Defend Against ‘Rising Authoritarianism’; The New York Times, August 1, 2024

Charlie Savage , The New York Times; Bipartisan Legal Group Urges Lawyers to Defend Against ‘Rising Authoritarianism’

"A bipartisan American Bar Association task force is calling on lawyers across the country to do more to help protect democracy ahead of the 2024 election, warning in a statement to be delivered Friday at the group’s annual meeting in Chicago that the nation faces a serious threat in “rising authoritarianism.”

The statement by a panel of prominent legal thinkers and other public figures — led by J. Michael Luttig, a conservative former federal appeals court judge appointed by President George Bush, and Jeh C. Johnson, a Homeland Security secretary during the Obama administration — does not mention by name former President Donald J. Trump.

But in raising alarms, the panel appeared to be clearly referencing Mr. Trump’s attempt to subvert his loss of the 2020 election, which included attacks on election workers who were falsely accused by Mr. Trump and his supporters of rigging votes and culminated in the violent attack on the Capitol by his supporters on Jan. 6, 2021."

Navigating the Patchwork of AI Laws, Standards, and Guidance; American Bar Association (ABA), May 9, 2024

Emily Maxim Lamm , American Bar Association (ABA); Navigating the Patchwork of AI Laws, Standards, and Guidance

"The opening weeks of 2024 have seen a record number of state legislative proposals seeking to regulate artificial intelligence (AI) across different sectors in the United States...

With this type of rapid-fire start to the 2024 legislative season, the AI legal landscape will likely continue evolving across the board. As a result, organizations today are facing a complex and dizzying web of proposed and existing AI laws, standards, and guidance.

This article aims to provide a cohesive overview of this AI patchwork and to help organizations navigate this increasingly intricate terrain. The focus here will be on the implications of the White House AI Executive Order, existing state and local laws in the United States, the European Union’s AI Act, and, finally, governance standards to help bring these diverse elements together within a framework."

American Bar Association Urges Ethics Code for US Supreme Court; Bloomberg Law, February 7, 2023

Lydia Wheeler, Bloomberg Law; American Bar Association Urges Ethics Code for US Supreme Court

"The American Bar Association wants the US Supreme Court to adopt a judicial ethics code.

Meeting in New Orleans on Monday, the group’s 591-member policy-making body passed a resolution urging the high court to adopt ethics rules similar to the code of conduct all other federal judges must follow.

Concern over public perception of the court seemed to prompt the ABA action. The resolution said the absence of a clearly articulated, binding code of ethics for the justices threatens the legitimacy of the court.

“If the legitimacy of the Court is diminished, the legitimacy of all our courts and our entire judicial system is imperiled,” the resolution said.

Federal judges on lower courts across the country are bound by the Code of Judicial Conduct, which maps out rules for how judges should conduct themselves on and off the bench. The code says judges should avoid impropriety and the appearance of impropriety in all activities, refrain from political activity, and recuse themselves from a case when their impartiality might be reasonably questioned because of financial interests or personal bias."