'Our Finest Hour': ABA 'will not shrink from the things we believe in,' President Bill Bay says
"The American Bar Association will not shrink from the things we believe in," ABA President Bill Bay said. (Photo by EPNAC.com)
While 2025 will bring changes to the organization and challenges to the rule of law, the American Bar Association will continue to do its work “safeguarding the fundamental American values of due process and access to justice,” ABA President Bill Bay said in February in a speech to the ABA House of Delegates at the midyear meeting in Phoenix.
“There is one message I want to emphasize,” Bay said. “The American Bar Association will not shrink from the things we believe in.”
Bay said the ABA will face the challenges that will come in the next year by planning strategically and forging partnerships.
“We will stand tomorrow for what we stand for today and what we stood for yesterday: the rule of law, the importance of our judicial system, the essential role of lawyers, an inclusive profession,” he said. “These are our north stars. We will hold fast to these core principles in the face of shifting winds.”
Bay closed out his speech to a standing ovation, saying, “I believe this will be our finest hour.”
‘Not ordinary times’
Bay’s speech came in the wake of efforts by President Donald Trump’s administration to dismantle diversity, equity and inclusion initiatives throughout the federal administration.
On Jan. 31, while the midyear meeting was taking place, more than two dozen prosecutors and six senior FBI executives who assisted in Jan. 6, 2021, prosecutions were fired by the Department of Justice. Days later, FBI personnel were told to disclose any involvement they had in Capitol riots cases. Lawsuits were filed over the directive. Trump went on to pledge that he would fire some of the FBI personnel who worked on the cases.
Bay said the firings and threats to fire lawyers and law enforcement officials for just doing their jobs “appears to be about vengeance,” and threatens the judicial system.
“These are not ordinary times,” Bay said. “The rule of law itself is at stake.”
He also addressed the targeting of DEI efforts.
“The ABA believes in excellence. And excellence demands diversity,” Bay said to loud applause from the delegates.
“Our goal calls for the elimination of bias and enhancing diversity in our profession and the justice system,” Bay said. “The bottom line is, we will not retreat from our goal and objectives in this area.”
‘A common goal’
Bay also said the ABA should “take pride” in its immigration work, protecting the legal rights of immigrants and asylum-seekers; training lawyers and judges; providing legal information to asylum-seekers; and developing pro bono programs.
“These are all efforts that streamline immigration court proceedings and enhance their efficiency,” he said.
The ABA is undergoing changes, Bay told delegates, including a new strategic plan, marketing approach and improved access to member benefits.
“We must continue to embrace change in our organizations,” Bay said.
Bay said it was time that the ABA acted as “one unified organization.”
“Our greatness is manifest when we work together for a common goal,” he said.
Bay emphasized the work the ABA does to help lawyers “achieve excellence in their practice,” producing more than 800 accredited continuing legal education programs in 2024. But, he said, the ABA does more than just help lawyers be better.
The ABA Rule of Law Initiative works in nearly 60 countries to help judges and lawyers implement the rule of law. In 2024, ABA ProBar helped provide assistance to about 40,000 immigrants seeking asylum, Bay said. And through the Young Lawyers Division’s Disaster Legal Services Program, the ABA has responded to the needs of victims of natural disasters like Hurricane Helene and the California wildfires.
“A world without a vibrant growing ABA is a lesser place,” Bay said.
‘We will act’
When it comes to facing challenges during the rest of 2025, “We are not going to speak out every day,” Bay told delegates. “Like good lawyers, we will plan. We will be strategic. We will make difficult choices sometimes.
“But you can be assured, we are going to work the problems. Actions will count, and we will act.”
Two of the actions the ABA House did take at the meeting were approving late-filed resolutions in response to recent executive orders and Department of Justice actions. Resolution 402 “opposes the investigation or prosecution of bar associations by the federal government for activities protected by the First Amendment.” This includes advocacy for or implementation of diversity policies. It urges that the related Trump executive order signed Jan. 21 be rescinded.
Resolution 403 was written in response to the news that the Department of Justice was abruptly rescinding job offers made through the Attorney General’s Honors Program. It urges the executive branch to reinstate the Honors Program and other honors or fellowship programs designed for entry-level attorneys. It also urges the reinstatement of summer internships for individuals who accepted offers before Jan. 20 but whose offers were rescinded because of the federal hiring freeze. The rest of the legal profession was also encouraged to assist law students and young lawyers whose employment offers were rescinded because of the federal hiring freeze.
Looking ahead
The midyear meeting is also when the House Nominating Committee selects nominees for future leadership positions at the top of the association. These nominations will then be considered and voted on by the full House at the 2025 ABA Annual Meeting in Toronto in August.
Barbara J. Howard, the former chair of the House from 2020 to 2022, was selected to be the president-elect nominee. If approved, she would succeed the current president-elect, Michelle Behnke, and serve as ABA president for the 2026-2027 term.
Addressing the House after her nomination was announced, Howard said, “We need to listen and educate, to reinvigorate the culture of democracy in our country so that we all understand and embrace the benefits of a democratic government.”
Howard is the principal at Barbara J. Howard Co. in Cincinnati. She also is a past chair of ABA Day, the Standing Committee on Specialization and the Standing Committee on Meetings and Travel.
Andrew Schpak received the treasurer-elect nomination for the 2025-2026 term.
Schpak, the co-managing partner at Barran Liebman in Portland, Oregon, served as a member of the Board of Governors. He is a member of the House of Delegates, the Standing Committee on Audit and the Fund for Justice and Education.
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