The Continued Fight Against Law Firm Intimidation

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.

In early March 2026, a high-profile court hearing took place regarding the American Bar Association's (ABA) lawsuit against the Trump administration's "Law Firm Intimidation Policy". 

Hearing Details

• Case Name: American Bar Association v. Executive Office of the President, et al.
• Date: March 4, 2026
• Location: U.S. District Court for the District of Columbia
• Key Argument: The hearing focused on the government's motion to dismiss the case. The Justice Department (DOJ) argued the ABA lacks standing because its members face no "imminent threat," while the ABA contended the policy has already created an "industry-chilling" effect. 
  
  

The "Intimidation Policy" Background
The lawsuit challenges a series of executive orders and memoranda that targeted specific law firms (such as Perkins Coie, WilmerHale, and Jenner & Block) for their past legal work against the administration. These actions included: 

• Restricting Access: Threatening to bar attorneys from federal buildings and courthouses.
• Security Clearances: Suspending or stripping national security clearances for lawyers at targeted firms.
• Contractual Penalties: Threatening to disqualify firms from government contracts or penalize clients who use them. 
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Current Status
The court has heard arguments from both sides, and a written decision on the motion to dismiss is expected soon. While the DOJ briefly considered dropping its appeals of lower court rulings that had already blocked some of these orders, it later reversed that decision, signaling it will continue to defend the policy.

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