In a move that has stirred unease across the legal community, the U.S. Department of Justice (DOJ) announced last week that its attorneys are prohibited from attending or participating in events organized by the American Bar Association (ABA). The decision, laid out in a memo from Deputy Attorney General Todd Blanche, cited concerns that the ABA has engaged in "activist causes," including litigation aimed at blocking Trump administration policies on foreign aid.
As a firm that leans conservative—and as attorneys who often align with efforts to reduce regulatory overreach and protect institutional restraint—we nonetheless find this policy to be deeply troubling. Government lawyers should be held to a high standard of professionalism and independence. Denying them the opportunity to participate in America's largest and most historic legal organization undermines those values.
DOJ attorneys, many of whom work in specialized areas like white-collar enforcement, securities regulation, and financial crimes, have long relied on the ABA as a platform to exchange ideas, receive continuing legal education, and promote shared professional norms.
To bar these attorneys from engaging with the ABA—not on a case-by-case basis, but as a blanket rule—is not a principled stand against bias. It's an attack on the very idea of a broad, apolitical legal community.
This decision could have real-world consequences. DOJ lawyers will lose access to important programming, thought leadership, and professional networks. The ABA, in turn, will be deprived of key voices from inside the federal government who help shape smart and balanced regulatory thinking.
More broadly, this decision reflects a disturbing trend: politicizing the practice of law in ways that serve no one—not the markets, not the public, and not the rule of law. Conservatives and institutionalists alike should reject this approach.
At Anderson P.C., we advocate for regulatory restraint, fairness in enforcement, and a market-centered approach to law. But we also believe in open discourse, professional excellence, and institutional integrity. You don't need to agree with the ABA's positions to recognize that cutting off government lawyers from participating in the legal profession's most established association is a step too far.
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.
