The American Bar Association (ABA) has now sued in federal court here in Washington, DC to overturn the rule. They’re fighting back against the Trump administration’s recent executive orders that go after law firms for their former clients and employees. Specifically, the ABA asserts that the Trump administration actions violate the United States Constitution. They contend these practices egregiously violate the constitutional prerogative of duly licensed attorneys.
Since then, law firm Susman Godfrey has agreed to represent the lawsuit on a contingency basis. Yet it still names all of the executive agencies and all of the high-ranking U.S. officials, including Attorney General Pam Bondi, FBI Director Kash Patel and Secretary of State Marco Rubio. The ABA further alleges that the Trump administration has engaged in retaliation against law firms. They have revoked their lawyers’ security clearances and limited their access to federal contracting opportunities and government officials.
For these executive orders, and especially the most recent one, there has been an incredible response from the legal community. Four law firms have filed six separate lawsuits against the Trump administration. In reply, numerous judges across Washington have ruled in favor of these companies, at least temporarily or indefinitely prohibiting the enforcement of the president’s executive orders on just such grounds.
The ABA’s lawsuit highlights the financial implications of the Trump administration’s actions, as it has cut some government funding to the organization and attempted to limit its role in vetting federal judicial nominees. This last move would place the independence of the judiciary in grave danger. Experienced attorneys are essential to maintaining the operability of our legal system.
“Without skilled lawyers to bring and argue cases, the judiciary cannot function as a meaningful check on the executive branch.” – American Bar Association
The ABA’s unfortunate prior experience with Susman Godfrey makes this all the more relevant. That’s the same law firm that has successfully sued the Trump administration several times already. In doing so they scored a front-line victory, further demonstrating their prowess at overcoming complicated legal hurdles posed by brazen executive overreach.
Legal implications of these exec orders go far beyond the ABA itself. Major critics have called the administration’s nudges to law firms “manifestly ridiculous” and “obviously wrong.” At their core, they paint a disturbing picture of what’s to come for legal rights and access to justice.
