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.”
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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.
USA: ABA rejects efforts to undermine the courts and the legal profession
