In steadfast support of its members and the legal profession at large, the American Bar Association continues its efforts to combat industry-chilling attacks on the profession, asking a federal court to enjoin enforcement of the current administration’s unlawful policy of intimidation against lawyers and law firms.
A hearing in the case was held last Wednesday in the U.S. District Court for the District of Columbia.
“When the White House last year issued its executive orders targeting firms for taking on work or hiring people the federal government disfavored, the shock it sent through the profession was swift, significant and chilling,” said ABA President Michelle A. Behnke. “As the national representative of the legal community, we were compelled to stand up and do the right thing.”
The ABA in June sued more than two dozen federal departments and agencies and the heads of those departments and agencies, arguing that the government, through a series of executive orders, memos, public statements and other means, has levied an ongoing policy of Law Firm Intimidation to punish lawyers and law firms whose representation it disfavors.
The lawsuit notes that the federal government’s Law Firm Intimidation policy has harmed members of the legal profession in a number of ways — from putting a damper on certain types of pro bono work to disrupting essential aspects of the business, such as access to all federal buildings including courthouses. These impacts ripple throughout the justice system at large and limit access to representation for individuals and organizations whose positions the administration disfavors.
The ABA filed this action to protect all its members, representing a far broader section of the legal profession than just the law firms that have so far successfully challenged the federal government’s efforts against them specifically.
“We are in a time of crisis for our legal system and the need for the ABA to stand up and defend our members, our profession and the rule of law could not be more pressing,” Behnke said.
The hearing last Wednesday focused on the government’s motion to dismiss the case. The court heard arguments from both sides and said a written decision would be issued. The complaint in the case, American Bar Association v. Executive Office of the President et al, can be viewed at www.americanbar.org/content/dam/aba/administrative/news/2025/aba-v-exec-ofc-potus-et-al.pdf.
(https://www.americanbar.org/news/abanews/aba-news-archives/2026/03/aba-law-firm-intimidation-hearing/)
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