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ABA Passes Resolution Opposing Trump Administration’s Crackdown on Law Firms

ABA Passes Resolution Opposing Trump Administration’s Crackdown on Law Firms

The American Bar Association’s policymaking body adopted a resolution opposing any government effort to punish lawyers, law firms, or legal organizations for representing clients or causes the government disfavors. The vote came at the ABA’s annual meeting and follows months of tension between the association and the Trump administration. Reuters+1

What the Resolution Says

The measure denounces retaliation against legal professionals—including sanctions, contract restrictions, or other penalties—based on whom they represent. It also rejects calls to impeach judges solely for the substance of their rulings, framing such actions as threats to the rule of law and to clients’ access to counsel. Reuters

Why Now

  • The ABA has sued the administration, alleging a coordinated “Law Firm Intimidation Policy” carried out through executive orders and public threats aimed at firms perceived as adversarial. The Justice Department has moved to dismiss that case, arguing the ABA lacks standing. ReutersAmerican Bar Association+1
  • Federal courts have already blocked major portions of at least one executive order targeting a firm, signaling judicial skepticism of the policy’s legality. Reuters
  • Earlier this year, DOJ barred its own attorneys from participating in ABA events, underscoring the deteriorating relationship between the government and the nation’s largest voluntary bar group. Reuters

What It Means for Law Firms and Lawyers

  • Reaffirmed ethics baseline: The resolution signals broad bar opposition to punishing firms for client selection—particularly in pro bono and public-interest matters. Reuters
  • Advocacy roadmap: While nonbinding, ABA policy guides amicus filings and lobbying efforts that could influence ongoing litigation and future policy fights. Reuters
  • Practical takeaway: Firms representing controversial clients should continue robust conflicts, confidentiality, and risk protocols—but the organized bar is now on record backing their right to advocate without governmental retribution. Reuters

Stay Ahead of the ABA–White House Showdown
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