The ABA Draws a Line In The Sand With a Clarion Call To Lawyers

The ABA – “We Won’t Let Courts or Lawyers Become Political Pawns”

John Bowie, LawFuel Publisher

Three weeks after issuing its clarion call to protect judicial independence, the American Bar Association is doubling down with a blistering critique of escalating government attacks on the third branch – and the lawyers who keep it running.

, ABA President William R. Bay paints a picture of a justice system under siege from the very institutions meant to uphold it in an email LawFuel and other legal media received from the ABA.

Bay paints a disturbing picture of a profession under fire from multiple fronts.

At the heart of the ABA’s battle cry lie four key principles that sound more like a constitutional greatest hits album than legal theory, being the requirement for judicial security, the recognition of the courts’ interpretive role, adherence to the rule of law and – perhaps the most significant – respect for the separation of powers.

The ABA claims we’re witnessing a “clear and disconcerting pattern” of these principles being trampled like a Black Friday sale crowd.

The fears invoke the thought of being a federal judge who just handed down a controversial ruling, only to face impeachment threats before the ink dries on the opinion.

Judges in the Crosshairs

• Multiple judges face removal calls not for misconduct, but for unpopular rulings. Chief Justice Roberts noted in his 2024 year-end report that these intimidation tactics demand “vigorous opposition”.
• Courtroom gaslighting is another issues as Administration Officials have claimed that judges should follow “the will of the people” rather than the law. Never mind that judicial oaths mention exactly zero exceptions for trending Twitter polls.
• Judicial threats have been on a disturbing rise, spiking 400 percent since 2020 (per U.S. Marshals data), the ABA argues verbal attacks create a permission structure for physical violence.

These aren’t fringe players making these points, either. As Bay notes, “High-ranking officials” – both elected and appointed – lead the charge against jurists who dare check executive overreach.

“We cannot have a judicial system where the government seeks to remove judges simply because they do not rule as the government desires. Considering the increasing physical threats to judges, these are clearly efforts to intimidate judges and our courts.” – William Bay, ABA

Lawyers Become Collateral Damage

Just when you thought it couldn’t get wilder, there is the Stage 2 element to the attacks on the judiciary, including a DEI double take involving an executive order taking aim at bar associations’ diversity initiatives while conveniently ignoring that 90 percent of Fortune 500 legal departments now mandate outside counsel diversity requirements.

• Government officials want to publicly out or ‘name and shame’ firms representing “disliked” clients – a move that legal ethicists compare to slapping targets on courthouse steps.
• Career prosecutors are also facing firings and demotions for doing their jobs. One assistant U.S. attorney reportedly got axed after securing too many convictions against administration allies.

The ABA isn’t mincing words on the issues facing their profession. “These actions deny clients access to justice and betray our fundamental values.”

Before the ABA tough talk is dismissed as political theater, they have a track record of taking action they consider necessary, including seeing Obama over immigration enforcement, challenging Trump’s travel ban and opposing Biden’s vaccine mandates.

As William Bay reminds us, “We’ve stood on this ground through seven presidential administrations.” This isn’t red vs. blue – it’s black-letter law vs. power grabs.

The ABA’s closing argument hits like a closing statement from Atticus Finch, asking about the silence that leaves the lawyers asking ‘if we don’t speak now, when?’

“There are clear choices facing our profession.,” Bay says. “We can choose to remain silent and allow these acts to continue or we can stand for the rule of law and the values we hold dear.

“We call upon the entire profession, including lawyers who serve in elected positions, to speak out against intimidation. We acknowledge that there are risks to standing up and addressing these important issues. But if the ABA and lawyers do not speak, who will speak for the organized bar? Who will speak for the judiciary? Who will protect our system of justice? If we don’t speak now, when will we speak?”