The American Bar Association urged the Trump administration to roll back its executive order calling for federal investigations into diversity and inclusion efforts by bar associations, citing the groups’ 1st Amendment rights.
The resolution, opens new tab adopted by the group on Monday marks its first public stance against the Jan. 21 executive order that cited bar associations along with medical associations, publicly traded companies and other private-sector entities as potential targets for federal civil investigations into diversity, equity and inclusion programs that may “constitute illegal discrimination or preferences.”
The city of Baltimore and three other groups sued Trump on Monday to stop it and another executive order focused on ending diversity and inclusion programs. That suit alleges the executive orders exceeded the president’s authority under the U.S. Constitution.
“The First Amendment prohibits the federal government from interfering with the expressive rights of bar associations and others by threatening them with investigation and prosecution for adopting or promoting [diversity and inclusion],” reads a report supporting the ABA resolution. No one spoke against the resolution at the House of Delegates meeting in Phoenix.
The White House did not immediately respond to a request for comment Tuesday.
The ABA’s resolution urges the Trump administration to modify the executive order to clarify that it won’t be enforced in a manner that infringes on bar associations’ 1st Amendment rights.
The ABA, which has about 150,000 paying members and is the federally recognized accreditor of U.S. law schools, has made diversity and inclusion one of its four core goals.
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