American Bar Association (ABA) ; The ABA rejects efforts to undermine the courts and the legal profession
"Three weeks ago, the American Bar Association spoke to you about values that guide us. We called upon every lawyer to insist that the government adhere to four major principles of law that have guided our country for over 200 years: Defending Judges and Courts, Acknowledging the Role of the Courts, Adhering to the Rule of Law, and Respecting the Separation of Powers and the three co-equal branches of government with distinct duties and responsibilities. These principles have been bedrocks of American democracy. The ABA does not shrink from standing in support of each of them.
Since that time, government actions evidence a clear and disconcerting pattern. If a court issues a decision this administration does not agree with, the judge is targeted. If a lawyer represents parties in a dispute with the administration, or if a lawyer represents parties the administration does not like, lawyers are targeted. We issued statements standing up for these four key principles, and a government official targeted us by instructing some of its lawyers not to attend ABA meetings or participate as speakers. These actions highlight escalating governmental efforts to interfere with fair and impartial courts, the right to counsel and due process, and the freedoms of speech and association in our country.
Consider the facts about our courts:
High-ranking government officials (appointed and elected) have made repeated calls for the impeachment of judges who issue opinions with which the government does not agree. There have been calls to impeach “corrupt judges” with no effort to produce evidence of the so called “corruption.” These have been directed only at judges who have ruled against the government position.
There have now been statements by officials criticizing judges for not following the will of the people. Judges swear oaths to follow the law, not public opinion polling or political chatter or what someone contends is the will of the people. The chief justice of the U.S. Supreme Court wrote in his 2024 Year End Report on the Federal Judiciary, “[w]ithin the past year we have also seen the need for state and federal bar associations to come to the defense of a federal district judge whose decisions in a high-profile case prompted an elected official to call for her impeachment. Attempts to intimidate judges for their rulings in cases are inappropriate and should be vigorously opposed.”
We may disagree with interpretation of case law, but it is unacceptable to personally target judges just because we disagree with their ruling. We cannot have a judicial system where the government seeks to remove judges simply because they do not rule as the government desires. Considering the increasing physical threats to judges, these are clearly efforts to intimidate judges and our courts.
The courts are a co-equal branch of our government, and they must be treated that way. We call upon the government and our elected officials to cease making these statements. Government officials know they can appeal decisions they do not like. That is the appropriate way to disagree with a decision of a court.
Despite these efforts to intimidate, our courts are doing their job of reviewing disputes and applying the law. The ABA will defend our courts because we support the rule of law. We encourage every lawyer to do the same and demand these attacks on our judiciary stop immediately.
The efforts to intimidate have now expanded to include the legal profession. Consider the facts:
An executive order has targeted legal and medical organizations because of their DEI advocacy. Just a few days ago, a high-ranking government official indicated that law firms that represent parties against the government should be identified even though this information is already public.
Justice Department lawyers and assistant U.S. attorneys have been the subject of personal attacks, intimidation, firings and demotions for simply fulfilling their professional responsibilities. It is especially disturbing because the government has espoused publicly that it will not weaponize or politicize the Justice Department. The actions against Department of Justice employees belie these assertions.
Now the government has decided to punish a prominent Washington, D.C., law firm because it represents a party that the administration does not like. There are also reports that actions may be taken against more law firms. Clients have the right to have access to their lawyer without interference by the government. Lawyers must be free to represent clients and perform their ethical duty without fear of retribution. These government actions deny clients access to justice and betray our fundamental values.
We support the rights of people to advance their interests in courts of law when they have been wronged. We reject the notion that the government can punish lawyers who represent certain clients or punish judges who rule certain ways. We cannot accept government actions that seek to tip the scales of justice in this manner.
We speak today on behalf of the legal profession and its members who seek to live by the oath each took upon admission to the bar. This is not something we do lightly nor is it the first time we have spoken in opposition to actions against an administration, regardless of political party. We sued or opposed policy proposals of the last few administrations when they failed to adhere to the rule of law or interfered with access to justice, and we are doing the same with the current administration. We are nonpartisan. We stand for the rule of law. We stand for the vital role of our courts and the essential job that lawyers do every day throughout our country. We have stood on this ground for many years.
We reject efforts to undermine the courts and the profession. We will not stay silent in the face of efforts to remake the legal profession into something that rewards those who agree with the government and punishes those who do not. Words and actions matter. And the intimidating words and actions we have heard must end. They are designed to cow our country’s judges, our country’s courts and our legal profession. Consistent with the chief justice’s report, these efforts cannot be sanctioned or normalized.
There are clear choices facing our profession. We can choose to remain silent and allow these acts to continue or we can stand for the rule of law and the values we hold dear. We call upon the entire profession, including lawyers who serve in elected positions, to speak out against intimidation. We acknowledge that there are risks to standing up and addressing these important issues. But if the ABA and lawyers do not speak, who will speak for the organized bar? Who will speak for the judiciary? Who will protect our system of justice? If we don’t speak now, when will we speak?
The American Bar Association has chosen to stand and speak. Now is the time for all of us to speak with one voice. We invite you to stand with us.
– William R. Bay, president of the American Bar Association"
