The American Bar Association sued the Trump administration Monday over President Donald Trump’s attacks on large law firms he views as aligned against him.
The lawsuit states Trump’s moves have hindered lawyers’ ability to litigate cases, notably in their pro bono work. The association added in the lawsuit that the Trump administration’s moves against law firms have “cast a deep chill” over the profession, calling the moves unfair and unconstitutional.
“Many attorneys are no longer willing to take on representations that would require suing the federal government. Others have dropped ongoing representations; ended their participation in contemplated cases; or declined representations – even of clients with whom they had longstanding prior attorney-client relationships – not because the merits of the case were weak or the attorney had some substantive objection to taking the case,” the lawsuit reads. “But because the representation was deemed too likely to result in severe retaliation from the President pursuant to the Intimidation Policy.”
Trump has attacked a number of law firms that have represented cases against him or done work for his perceived political opponents. He has targeted them with executive orders and memos that look to freeze their federal caseload and restrict their lawyers from entering government buildings, among other items.
“The President’s attacks on law firms through the Law Firm Orders are thus not isolated events, but one component of a broader, deliberate policy designed to intimidate and coerce law firms and lawyers to refrain from challenging the President or his Administration in court,” the lawsuit states.
The lawsuit was filed in Washington, D.C., by the ABA. Its members include attorneys who work for firms that have cut deals with the Trump administration. These deals include pledging pro bono work for causes that the Trump administration deems favorable.
The lawsuit notes that “law firms that once proudly contributed thousands of hours of pro bono work to a host of causes—including causes championed by the ABA—have withdrawn from such work because it is disfavored by the Administration.”
Some law firms that are under restrictive executive orders from the Trump administration have sued, and each has won its cases against the administration.
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“This is the time to stand up, speak out and seek relief from our courts,” William R. Bay, president of the ABA, said in a statement with the complaint. “There has never been a more urgent time for the ABA to defend its members, our profession and the rule of law itself.”
The Trump administration dismissed the lawsuit in a statement shared with NOTUS.
“The President has always had discretion over which contracts the government enters into and who receives security clearances,” White House principal deputy press secretary Harrison Fields said. “His exercise of these core executive functions cannot be dictated by the ABA, a private organization, or the courts. The Administration looks forward to ultimate victory on this issue.”
The Department of Justice has also been at odds with the ABA. Deputy Attorney General Todd Blanche sent a memo barring department attorneys from traveling to or speaking at ABA events, as well as canceling around $3 million in grants. A federal judge temporarily blocked the cancellation of the grants.