The American Bar Association (ABA), in response to Executive orders and comments from elected representatives, has publicly stated on at least three occasions its general support for the rule of law, the legal profession, and an independent judiciary.
The ABA is a voluntary bar organization with over 400,000 lawyer members, which represent approximately 25% of licensed lawyers nationwide. On February 10, the ABA acknowledged that change is expected with newly elected officials. However, their statement questions how recent changes are taking place, and whether such changes follow the rule of law and protect due process. Their statement cites examples related to birthright citizenship, dismantling of government agencies, dismissals of government employees, and disparaging social media announcements. The ABA also notes numerous lawsuits challenging government actions. They also explain that governments must be accountable with orderly and fair legal processes that adhere to the rule of law by all. Their statement concludes that "these are not partisan or political issues", but rather are "rule of law and process issues" that our government of the people should follow.
On March 3, the ABA spoke again, asking the government to respect the three co-equal branches (executive, legislative, and judicial), and their distinct duties and responsibilities, which are "bedrocks of American democracy". The ABA cites recent attacks on judges who issue decisions that the administration does not agree with, targeting of lawyers who represent clients that the administration does not like, and instructions from a government official for government lawyers to not attend or speak at ABA meetings. The ABA asserts that these actions are efforts to interfere with fair and impartial courts, the right to counsel and due process, and freedoms of speech and association. The ABA further notes the actions of high ranking elected and appointed officials who criticize and call for impeachment of judges whose rulings they do not like. The ABA explains, "Judges swear oaths to follow the law, not public opinion or polling or political chatter or what someone contends is the will of the people." Then, they quote U.S. Supreme Court Chief Justice Roberts, who wrote in his 2024 Year End Report on the Federal Judiciary, "Attempts to intimidate judges for their rulings in cases are inappropriate and should be vigorously opposed."
The March 3 statement also mentions attacks, firings, and demotions of lawyers in the Justice Department and assistant U.S. attorneys who simply fulfill their professional responsibilities as lawyers, contrary to public government assertions that it will not weaponize or politicize the Justice Department. In conclusion, the ABA rejects any notion that lawyers and judges can be punished by the government for who they represent or how they decide a case, and rejects efforts to undermine the courts and the legal profession.
Again on April 1, the ABA, along with at least 80 other state and local bar associations, as well as global bar associations, representing lawyers from all parts of the United States and around the world, stood by the common oath that all lawyers are bound to for admission to practice, that is, to support the rule of law. Collectively, they state that this is a rally against attacks on the profession and the courts, which are vital to democracy and our system of justice, and which must be free of bias and enhance diversity. In short, they demand that such threats must stop.
The Iowa State Bar Association (ISBA) is one of those joining the ABA's position. The ISBA states that it "unequivocally rejects initiatives that seek to undermine the judiciary or transform the legal profession into one that rewards conformity and penalizes dissent." The ISBA further emphasizes that it "remains committed to upholding the rule of law, protecting judicial independence, and advocating for the integrity of the legal profession. Together with the American Bar Association and other bar associations across the nation, the ISBA will continue to champion the principles that form the cornerstone of democracy and justice."
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
