The Next Day
Today is the next day I never imagined we would see. Attacks on the rule of law, judges, lawyers and the profession. The apparent disregard of due process. And now attacks on the ABA. All of this from our own government. The frequency and intensity show no sign of lessening.
Appointed and elected officials have called for the impeachment of judges because they didn’t rule in their favor. In the public hallways of Congress, an elected leader posted a “wanted” sign with the names and photos of judges he believes should be impeached because of their judicial rulings. Elected officials of the government have posted social media messages and made other remarks criticizing judges and others in highly derogatory terms that should cause anyone to cringe. Why do our leaders believe such language and conduct is appropriate?
As reported by reputable media outlets, some judges have even received anonymous deliveries of pizza to their homes and the homes of their children. In some cases, the senders are reported to be names that conjure dark images of past violence against judges and their families. These are blatant attempts to intimidate judges. Where are the condemnations, investigations and pursuit of the perpetrators?
The attacks are not limited to judges. Lawyers and law firms have been attacked for the legal work they have done or the clients they have represented. The motive is clear and stated in executive orders and social media posts. Lawyers know this conduct is wrong. Every state’s supreme court has said that a lawyer’s representation of a client does not constitute an endorsement of the client’s political, economic, social or moral views or activities. These attacks are not only attacks on law firms and lawyers. They are attacks on everyone’s right to the legal representation of their choice. The issue is not what law firms have done in response. The question is why the executive branch is taking such actions that are contrary to the code of ethics adopted by every state supreme court.
These unfair attacks have galvanized and unified the bar in a way we have seldom, if ever, seen. Governing boards of bar associations throughout the U.S. and world have spoken in defense of the rule of law and condemned these actions. The words vary, but their message is clear. And their collective membership measures in the millions. I am proud that bar associations are not afraid to speak. I am proud of the work that each of them does to make lawyers better and to serve their communities.
The ABA is not immune from these attacks. Because we had the courage to speak up in support of bedrock principles of our democracy, we have been attacked. The executive branch has defunded ABA programs that made the legal system accessible to all and promoted the justice system. These programs have been funded by Congress and administrations of both parties for many years. The ABA is seeking relief in the courts for what we believe are wrongful actions by the executive branch.
When we have spoken, a number of elected officials have responded by avoiding the substance of the issues and instead complaining about something the ABA said or did not say in recent years. Much of that narrative is false. For example, we have spoken 15 times in the last eight years about criticism of judges. It does not matter who has said it—Republicans, Democrats or independents. It was and is wrong. And we have said so. But let me be very clear on this point. It would not matter if we had never spoken. There is never a wrong time to stand up for what is right.
And parents know this all too well. My wife and I raised three children. There were many nights when we agonized about the day and worried whether we had said the right thing to our kids or whether we should have spoken up when we were silent. We did not forfeit the right or need to speak another day. Instead, like you, we decided that the next day presented a new opportunity to do what was right and appropriate with our family.
For our professional family, today is the next day. We must all stand for what is right. No more threats against judges, lawyers, law firms and bar associations. No more disregard for the rule of law and due process.
I don’t know what the future will hold. There will likely be more difficult days, more threats and attacks. There is one thing you can count on: The ABA will continue to stand and speak and act. Not because we are against any administration. But because we believe in standing up for the bedrock principles that have served our country for 250 years. The rule of law. Due process. Our judicial system. Our profession. And we will work toward the elimination of bias in our courts and profession and to enhance diversity. I have yet to hear of any judge who does not believe that our courts should treat everyone fairly and impartially. So do we. And we will continue to have the courage to say so.
There are risks. Despite that, we will fight for what we believe in. It is not a fight we want. But it has landed on our doorstep, and we will meet the challenge. We may suffer. We may be bruised. But you will know who we are and what we stand for. There is a reason the American Bar Association exists. One of those reasons is to lead the profession in times like these when we must fight for the rule of law, our judicial system and our profession.
We need you. We need everyone to rally to the cause. Tell your neighbors, those you see at the grocery store or the ballgame, those where you worship. Tell them why the rule of law matters. Tell them why due process matters. We have resources that can assist you. Stand with the ABA, join us and support us with your voice, time and resources. Together, we are stronger. The fight to preserve our democracy is too important to stay silent. We will not. Today is the next day.
This story was originally printed in the June-July 2025 issue of the ABA Journal. It was first published online on May 14.
Follow President Bay on X @ABAPresident or email [email protected].
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