Skip to content
Search

Latest Stories

Top Stories

Legal community comes to the defense of the law against Trump's executive order blitz

Legal community comes to the defense of the law against Trump's executive order blitz
low angle photography of beige building

President Donald Trump and several key members of his administration are criticizing judges who have halted parts of his second-term agenda, arguing that these judges overstep their authority in questioning his executive powers.

Vice President JD Vance has asserted that judges do not have the authority to oversee the executive powers of the Trump administration, as the White House faces a series of lawsuits to hinder its agenda. He expressed this view on X, stating, "Judges aren't allowed to control the executive's legitimate power." Vance's comments came shortly after a judge prohibited members of Trump's newly established advisory group, the Department of Government Efficiency (Doge), from accessing sensitive systems within the U.S. Treasury Department.


In the first three weeks of his presidency, Donald Trump has signed numerous executive orders, with critics claiming that some of these actions may have overstepped constitutional boundaries.

The legal community is sounding the alarm. "This statement from the president of the American Bar Association is a critical call-to-action to the entire legal profession," the Executive Director of Lawyers Defending American Democracy, Laurent Stiller Rikleen, told the Fulcrum. "The ABA's leadership at this moment is a vital voice in galvanizing the legal profession to act immediately to protect the rule of law in this country. The rest of the organized bar must similarly stand up as guardrails of our democratic institutions."

Sign up for The Fulcrum newsletter

Here is the statement by William R. Bay, president of the American Bar Association:

It has been three weeks since Inauguration Day. Most Americans recognize that newly elected leaders bring change. That is expected. But most Americans also expect that changes will take place in accordance with the rule of law and in an orderly manner that respects the lives of affected individuals and the work they have been asked to perform.

Instead, we see wide-scale affronts to the rule of law itself, such as attacks on constitutionally protected birthright citizenship, the dismantling of USAID and the attempts to criminalize those who support lawful programs to eliminate bias and enhance diversity.

We have seen attempts at wholesale dismantling of departments and entities created by Congress without seeking the required congressional approval to change the law. There are efforts to dismiss employees with little regard for the law and protections they merit, and social media announcements that disparage and appear to be motivated by a desire to inflame without any stated factual basis. This is chaotic. It may appeal to a few. But it is wrong. And most Americans recognize it is wrong. It is also contrary to the rule of law.

The American Bar Association supports the rule of law. That means holding governments, including our own, accountable under law. We stand for a legal process that is orderly and fair. We have consistently urged the administrations of both parties to adhere to the rule of law. We stand in that familiar place again today. And we do not stand alone. Our courts stand for the rule of law as well.

Just last week, in rejecting citizenship challenges, the U.S. District Judge John Coughenour said that the rule of law is, according to this administration, something to navigate around or simply ignore. “Nevertheless,” he said, “in this courtroom and under my watch, the rule of law is a bright beacon which I intend to follow.” He is correct. The rule of law is a bright beacon for our country.

In the last 21 days, more than a dozen lawsuits have been filed alleging that the administration’s actions violate the rule of law and are contrary to the Constitution or laws of the United States. The list grows longer every day.

These actions have forced affected parties to seek relief in the courts, which stand as a bulwark against these violations. We support our courts who are treating these cases with the urgency they require. Americans know there is a right way and a wrong way to proceed. What is being done is not the right way to pursue the change that is sought in our system of government.

These actions do not make America stronger. They make us weaker. Many Americans are rightly concerned about how leaders who are elected, confirmed or appointed are proceeding to make changes. The goals of eliminating departments and entire functions do not justify the means when the means are not in accordance with the law. Americans expect better. Even among those who want change, no one wants their neighbor or their family to be treated this way. Yet that is exactly what is happening.

These actions have real-world consequences. Recently hired employees fear they will lose their jobs because of some matter they were assigned to in the Justice Department or some training they attended in their agency. USAID employees assigned to build programs that benefit foreign countries are being doxed, harassed with name-calling and receiving conflicting information about their employment status. These stories should concern all Americans because they are our family members, neighbors and friends. No American can be proud of a government that carries out change in this way. Neither can these actions be rationalized by discussion of past grievances or appeals to efficiency. Everything can be more efficient, but adherence to the rule of law is paramount. We must be cognizant of the harm being done by these methods.

Moreover, refusing to spend money appropriated by Congress under the euphemism of a pause is a violation of the rule of law and suggests that the executive branch can overrule the other two co-equal branches of government. This is contrary to the constitutional framework and not the way our democracy works. The money appropriated by Congress must be spent in accordance with what Congress has said. It cannot be changed or paused because a newly elected administration desires it. Our elected representatives know this. The lawyers of this country know this. It must stop.

There is much that Americans disagree on, but all of us expect our government to follow the rule of law, protect due process and treat individuals in a way that we would treat others in our homes and workplaces. The ABA does not oppose any administration. Instead, we remain steadfast in our support for the rule of law.

We call upon our elected representatives to stand with us and to insist upon adherence to the rule of law and the legal processes and procedures that ensure orderly change. The administration cannot choose which law it will follow or ignore. These are not partisan or political issues. These are rule of law and process issues. We cannot afford to remain silent. We must stand up for the values we hold dear. The ABA will do its part and act to protect the rule of law.

We urge every attorney to join us and insist that our government, a government of the people, follow the law. It is part of the oath we took when we became lawyers. Whatever your political party or your views, change must be made in the right way. Americans expect no less.

Read More

Close up of a judge hammering a gavel
Chris Collins/Getty Images

Congress Bill Spotlight: Impeaching Judges Who Rule Against Trump

The Fulcrum introduces Congress Bill Spotlight, a weekly report by Jesse Rifkin, focusing on the noteworthy legislation of the thousands introduced in Congress. Rifkin has written about Congress for years, and now he's dissecting the most interesting bills you need to know about, but that often don't get the right news coverage.

Federal judges have ruled against Trump on issues including immigrant deportations, transgender healthcare information, and Elon Musk’s DOGE. Should they be impeached?

Keep ReadingShow less
New Law Will Likely Harm Immigrant Survivors of Domestic Violence

A person's speech bubble being popped.

Getty Images, Malte Mueller

New Law Will Likely Harm Immigrant Survivors of Domestic Violence

A tragic death sparked national attention, turning into a call to strengthen immigration enforcement to enhance public safety. In response, the Laken Riley Act emerged as a significant piece of legislation in the ongoing debate over immigration policy in the United States. It purports to provide protection from crime but, in fact, could have an especially negative impact on survivors of domestic and sexual violence.

The new law allows for the detention of individuals who lack legal status, even if they have only been arrested or charged with minor offenses like theft or burglary. Notably, conviction is not required. This blatantly undermines the fundamental principle of "innocent until proven guilty," eroding due process protections that keep innocent people from being incarcerated, separated from children and family, losing employment, and suffering mental and physical health consequences.

Keep ReadingShow less
Trump Wants To ‘Defund’ Planned Parenthood. The Supreme Court Will Hear a Case Aimed at That.

Medicaid is the most common source of insurance for patients who seek health care at Planned Parenthood clinics, which provide services such as testing for sexually transmitted infections, cancer screenings and birth control services.

AARON M. SPRECHER/AP IMAGES

Trump Wants To ‘Defund’ Planned Parenthood. The Supreme Court Will Hear a Case Aimed at That.

In its first abortion case since President Donald Trump’s reelection, the Supreme Court will hear arguments this month about whether states can bar Planned Parenthood from receiving Medicaid funds — which could further the administration’s goal of “defunding” the nation’s largest family planning provider.

Medina v. Planned Parenthood South Atlantic concerns an order from South Carolina Gov. Henry McMaster, who in 2018 said any clinic that provided abortions could not participate in the state’s Medicaid program. Lower courts have blocked McMaster’s order from taking effect. But if implemented, the state policy could seriously undercut South Carolinians’ access to reproductive health care and create a template for other states to emulate.

Keep ReadingShow less
It’s time to defend the guardrails of democracy

A gavel.

Getty Images, Alexander Sikov

It’s time to defend the guardrails of democracy

Lawyers know that President Trump’s executive orders targeting individual law firms, and now, theentire legal profession, are illegal and unconstitutional. The situation puts a choice to every lawyer and every law firm. Do you fight – speak out and act out against this lawless behavior? Or do you accommodate it, keep your head down, and wait for the storm to pass?

The answer is to fight. Here’s why – and here’s what lawyers should do.

Keep ReadingShow less