ABA files action against Trump administration
The American Bar Association (ABA) has filed a lawsuit against the US government, more than two dozen federal departments and agencies, and the heads of those departments and agencies.
It is asking a federal court to declare unconstitutional what it describes as the Trump administration’s ”ongoing unlawful policy of intimidation against lawyers and law firms” and to prevent the government from enforcing the policy.
The action in the US District Court in the District of Columbia.
‘Chilling effect’
The ABA’s suit says that, since taking office, President Trump and his administration have used the “vast powers” of the executive branch to coerce lawyers and law firms to abandon clients, causes, and policy positions that the president does not like.
“The Trump administration has carried out this policy through a series of executive orders, letters, memos, and public statements designed to damage certain law firms and intimidate others,” the lawyers’ group states.
It adds that that the policies have produced “a chilling effect” across the legal profession, harmed the wider justice system, and limited access to representation for individuals and organisations whose positions the administration opposes.
“As the nation’s largest voluntary association of lawyers, the ABA is compelled to take action and seek meaningful relief through the courts on behalf of its members and in support of the American bar,” the association says.
Tactics
Detailing the way law firms have been affected, the ABA suit accuses the administration of issuing sanctions designed to cripple their businesses and limit their ability to freely represent clients.
“Tactics include terminating security clearances, severing government contracts of law firms and their clients, limiting access to federal buildings, and refraining from hiring employees of certain firms for jobs in the federal government,” it states.
The ABA says that what it describes as the “intimidation policy” has resulted in “a pervasive fear within the legal community and the justice system at large”.
“This is the time to stand up, speak out and seek relief from our courts,” said ABA President William Bay. “There has never been a more urgent time for the ABA to defend its members, our profession and the rule of law itself.”
Last week, the President of the High Court David Barniville described rule-of-law developments in the US as “very worrying”.