Feb 6, 2025 Story by: Publisher
WASHINGTON, D.C., (Reuters) – The American Bar Association (ABA) has called on the Trump administration to revoke its executive order mandating federal investigations into diversity and inclusion initiatives within bar associations, arguing that such probes violate the groups’ First Amendment rights.
On Monday, February 3, the ABA formally took a stand against the Jan. 21 executive order, which identified bar associations, medical associations, publicly traded companies, and other private-sector entities as potential subjects of federal civil investigations over diversity, equity, and inclusion (DEI) programs that might “constitute illegal discrimination or preferences.”
In response, the city of Baltimore and three other groups filed a lawsuit on Monday, challenging this order along with another aimed at dismantling DEI programs. The lawsuit argues that these executive actions exceed the president’s constitutional authority.
“The First Amendment prohibits the federal government from interfering with the expressive rights of bar associations and others by threatening them with investigation and prosecution for adopting or promoting [diversity and inclusion],” states a report backing the ABA’s resolution. The resolution was passed without opposition during the House of Delegates meeting in Phoenix.
As of Tuesday, the White House had not responded to requests for comment.
The ABA’s resolution calls on the Trump administration to revise the executive order to ensure it does not infringe on bar associations’ First Amendment protections.
With approximately 150,000 dues-paying members, the ABA serves as the federally recognized accreditor of U.S. law schools and considers diversity and inclusion one of its four core objectives.
In 2024, the ABA modified the guidelines for its longstanding program designed to increase racial diversity among judicial clerks. The revisions removed references to minority students and “communities of color” following claims from a conservative legal group that the program employed unlawful racial quotas.
Additionally, attorneys general from 21 Republican-led states have twice warned the ABA that its law school accreditation policies—which require institutions to demonstrate a commitment to diversity through recruitment, admissions, and programming—violate federal law.
Initially, the ABA refrained from commenting on the executive order targeting bar associations. However, in a Jan. 28 email to members, ABA President Bill Bay reaffirmed the association’s dedication to “inclusivity and fairness,” stating that the organization is “closely monitoring” ongoing DEI-related issues.
In a separate move, the ABA’s House of Delegates adopted another resolution on Monday urging the federal government to reinstate dozens of entry-level attorney positions at the U.S. Department of Justice and other agencies. These positions were eliminated due to Trump’s federal hiring freeze.
The resolution further requests that federal agencies reinstate summer internship offers that had been extended to law students before Trump’s inauguration but were later rescinded. Source: Reuters
