Protecting fair and impartial courts is a key tenet of ABA advocacy
Given the fundamental role that fair and impartial courts have in upholding the rule of law, the American Bar Association has long made judicial independence a cornerstone of its advocacy. Building on this commitment, the ABA Board of Governors voted at its midyear meeting in January to continue to make safeguarding the federal judiciary’s independence and enhancing public trust in the courts part of the association’s legislative priorities for the 119th Congress.
Recognizing that fair and impartial courts require sufficient resources, the ABA has consistently supported efforts to ensure federal courts have the necessary judgeships to meet growing caseload demands. In the 119th Congress, the ABA expects to again support the recently reintroduced JUDGES Act, which would create over 60 new district court judgeships in the first major expansion of the federal court system in more than three decades. Both chambers of 118th Congress passed the bill in 2024, but it was subsequently vetoed by President Joe Biden.
The ABA also has been—and will continue to be—at the forefront of legislative efforts to enhance judicial security. A key example of this advocacy is the passage of the Daniel Anderl Judicial Security and Privacy Act, signed into law in December 2022. This landmark legislation restricts online access to federal judges’ personal information and provides federal marshals with greater resources to assess and track threats against judges.
At the ABA Midyear Meeting in February, the House of Delegates approved two resolutions concerning judicial security. Resolution 201 encourages bar associations to adopt policies that support the enhancement of judicial security in their jurisdictions and urge adequate funding be provided to implement those policies. Resolution 202 urges jurisdictions to prohibit the disclosure of personally identifiable information of active or former government officials and employees and immediate family members with whom they share a residence.
Looking ahead
In the 119th Congress, the ABA is advocating for the reintroduction of the Countering Threats and Attacks on Our Judges Act, which would establish a State Judicial Threat Intelligence and Resources Center to provide technical assistance, training, and monitoring of threats for state and local judges and court personnel. Among other measures, the resources center would also provide physical security assessments for courts, homes and other facilities where court-related business is conducted.
As part of its advocacy for fair and impartial courts, the ABA also supports administrative law judges, who preside over administrative hearings in executive branch agencies. In 2023, the ABA filed an amicus brief in Securities and Exchange Commission vs. Jarkesy, successfully arguing for the preservation of removal protections for administrative law judges that ensure they can be dismissed only for cause. The ABA will continue its advocacy to protect independence in the hiring and removal process for administrative law judges and to support measures that increase their ability to make decisions based on the merits of the cases before them.
Verbal attacks on judges that appear to question the legitimacy of judicial review also pose significant risks to fair and impartial judicial proceedings, and the ABA continues to defend the judiciary against such interference. In a statement by ABA President Bill Bay on March 3, the ABA opposed what it termed “escalating” government efforts to interfere with impartial courts and the right to counsel and due process: “We may disagree with interpretation of caselaw, but it is unacceptable to personally target judges just because we disagree with their ruling. We cannot have a judicial system where the government seeks to remove judges simply because they do not rule as the government desires.”
The ABA’s ongoing advocacy reflects its unwavering commitment to protecting fair and impartial courts; strengthening judicial security; and ensuring the judiciary remains well-resourced to serve the public effectively. The engagement of ABA members remains vital in shaping these efforts, reinforcing the rule of law and preserving public confidence in the courts.
This story was originally published in the June-July 2025 issue of the ABA Journal under the headline: “Protecting Fair and Impartial Courts.”
This report is written by the ABA Governmental Affairs Office and discusses advocacy efforts by the ABA relating to issues being addressed by Congress and the executive branch of the U.S. government. Follow @ABAGrassroots on social media.
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