American Bar Association Sues Trump Administration To Stop Lawyer Intimidation

The American Bar Association has filed a lawsuit to stop members of the Trump administration from using their power to intimidate law firms.

Please consider supporting The Daily by becoming a subscriber.

The American Bar Association is fighting back in court against the Trump administration’s policy of intimidating law firms and trying to force them not to oppose their policies.

The ABA wrote in the lawsuit:

Because the threat that the President will continue to issue potentially devastating executive orders against law firms who do not “behave” remains urgent and outstanding—and because it is not merely a threat but a proven pattern—this chill “of blizzard proportions” continues to grip most of the top law firms and lawyers in the country.

That is why the ABA is filing this lawsuit. As the nation’s largest voluntary association of lawyers (which counts lawyers from every AmLaw 100 firm among its membership), the ABA is uniquely situated to achieve meaningful and certain relief against this unconstitutional Policy on behalf of a substantial part of the American bar. Pursuing such relief furthers the mission of the ABA “[t]o serve equally our members, our profession and the public by defending liberty and delivering justice as the national representative of the legal profession.”

Never before has there been as urgent a need for the ABA to defend its members, their profession, and the rule of law itself. The Law Firm Intimidation Policy is unlawful. Our Constitution does not vest the Executive Branch with the power to point to individual lawyers or law firms, declare by executive fiat that their work or their internal policies are “against the national interest” or otherwise illegal or improper, and direct (or threaten) executive action against that lawyer or law firm. Exercising such power—and threatening to do so—violates the First Amendment and purports to exercise power that the President does not have. “When the government draws legal scrutiny, its response must be to defend itself in court, not to intimidate those who would force it to do so.” Jenner v. DOJ, 2025 WL 1482021

On behalf of itself and its members, the ABA asks the Court to declare this Law Firm Intimidation Policy unconstitutional and enjoin all the named Defendants from implementing and enforcing this Policy against the ABA or any of its members in the future.

The American Bar Association had to step in because the Trump administration has been using the power of the executive branch to target lawyers and law firms through executive orders.

Even though the courts have so far ruled these individual orders to be illegal, the Trump administration is vowing to continue the policy.

The ABA lawsuit serves as a reminder that collective action is the best way to stop the Trump administration.

Collectively, we are stronger than Trump if we all come together to oppose this administration.

What do you think about the ABA lawsuit? Share your thoughts in the comments below.