Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. We welcome responses to the views presented here. To join the debate, please email us at [email protected].
ABA Watch provides information about the activities of the American Bar Association and responses to them, thereby helping readers to assess independently the value of the organization’s activities and to decide for themselves what the proper role of the ABA should be in our legal culture. We invite readers to join us in this effort and welcome responses at [email protected].
January: The ABA announces its position that the Equal Rights Amendment is now the 28th Amendment to the U.S. Constitution
On January 17, 2025, President Biden announced his position that when Virginia ratified the Equal Rights Amendment on January 27, 2020, the ERA became the 28th Amendment to the U.S. Constitution. The American Bar Association last year adopted Resolution 601, which “supports the creation of the Equal Rights Amendment (ERA) as the 28th Amendment to the U.S. Constitution.” Read more about the ERA.
February: The ABA sues the Trump administration over USAID foreign assistance funding freeze.
On February 11, 2025, the ABA filed suit along with seven co-plaintiffs in Global Health Council v. Trump seeking injunctive relief against the federal government’s freeze on foreign financial assistance. On February 13, 2025, D.C. District Judge Amir Ali granted the plaintiffs a temporary restraining order against the Trump administration while litigation continues.
February: The ABA Legal Ed Section suspends enforcement of law school accreditation Standard 206 “Diversity and Inclusion.”
The U.S. Department of Education recognizes the ABA Section of Legal Education and Admissions Council as the sole accrediting body for U.S. law schools. In response to the Trump administration’s executive order, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, and to legal developments following the Supreme Court’s SFFA decision, on February 20, 2025, the Section Council voted to suspend the ABA’s enforcement of accreditation Standard 206, formerly titled “Diversity and Inclusion.” The council voted to pause work on its revisions until August 31, 2025, to provide time to develop a new draft revision.
February: FTC Chairman Andrew Ferguson bars FTC political appointees from ABA participation.
On February 14, 2025, in a letter to FTC staff, FTC Chairman Andrew Ferguson announced a new policy prohibiting FTC political appointees from serving as ABA officers, attending ABA events, or renewing ABA memberships. He also prohibited expenditure of FTC funds on dues and travel to participate in ABA meetings. Ferguson stated: For many years, federal antitrust enforcers and the private antitrust bar have enjoyed a cozy relationship facilitated by the Antitrust Law Section of the American Bar Association (ABA). The ABA’s long history of leftist advocacy and its recent attacks on the Trump-Vance Administration’s governing agenda, however, have made this relationship untenable.” He first took note of the Association’s statement accusing the Trump-Vance Administration of “wide-scale affronts to the rule of law,” which he described as a breathless screed of partisan talking points rather than a sober-minded assessment. He also pointed to the ABA’s announcement that it was joining a lawsuit challenging the government’s actions regarding USAID without noting the funding it receives from USAID, as well as its long history of “partisan advocacy on behalf of Democrats,” and the domination of the Antitrust Section by defense lawyers at large firms who represent large business interests. The prohibitions do not extend to Senate-confirmed appointees and their staff.