Strengthening Our Democracy: ABA advocates to strengthen democracy
As the ABA gathers for its 2026 Annual Conference and joins the nation in commemorating the 250th anniversary of the Declaration of Independence, this historic milestone serves as a timely reminder that the founders regarded self-government not as a settled achievement but as an ongoing responsibility that depends on laws, institutions and sustained civic engagement to endure.
The work of the ABA and its Governmental Affairs Office reflects that obligation, advocating for policies and legislation in Washington, D.C., adopted by the ABA House of Delegates that help preserve the rule of law, support access to justice and the right to effective counsel, and strengthen the institutions on which American democracy depends.
Among the most critical institutions to protecting democracy is an independent judiciary. The nation’s founders recognized that liberty and self-government could not survive without courts that administer justice fairly and impartially, free from outside influence.
Recognizing that judicial independence begins with protecting those who serve on the bench, the ABA played a key role in advocating for the Daniel Anderl Judicial Security and Privacy Act, helping pave the way for its enactment in 2022 and strengthening protections for federal judges and their families.
To enhance judicial security for state judges, the ABA is currently advocating for the passage of the Countering Threats and Attacks on Our Judges Act, bipartisan legislation that would establish the State Judicial Threat and Intelligence Resource Center within the State Justice Institute. The center would serve as a national hub for information, training and technical assistance on judicial security. In November, the U.S. Senate passed the bill, by unanimous consent, and at the 2026 ABA Day, participants urged U.S. House of Representatives members to do the same.
Protecting judicial independence also requires ensuring that courts have the funding and staffing resources needed to provide justice. Through its annual ABA Day in Washington and other advocacy efforts, for example, the ABA has worked with Congress to address growing federal court caseloads that can delay the resolution of disputes and undermine access to justice. Consistent with recommendations from the Judicial Conference of the United States, the association has urged lawmakers to authorize additional district and circuit court judgeships to promote the timely resolution of cases and preserve public confidence in the judiciary.
To support access to justice, the ABA continues to make robust funding for the Legal Services Corp. a central advocacy priority, including at ABA Day, and conducts grassroots campaigns urging strong and sustained LSC funding. The LSC funds civil legal aid organizations that provide legal assistance to low-income Americans in matters involving housing, family safety, veterans’ benefits, consumer protection and other critical legal needs. In the current congressional session, the ABA, working alongside state and local bar leaders and members, is advocating against proposed cuts contained in a House of Representatives funding bill.
Rooted in more than a century of research and advocacy, the ABA has long supported full funding for the federal public defense system, including for both federal public defenders and Criminal Justice Act panel attorneys, who are private lawyers who take cases the defenders cannot at a modest rare. Together, these lawyers help ensure that individuals who cannot afford counsel receive the legal representation guaranteed by the Sixth Amendment’s right to the effective assistance of counsel in criminal matters. Nearly 90% of federal criminal defendants rely on court-appointed attorneys, making these lawyers essential to protecting constitutional rights, ensuring the timely administration of justice and maintaining public confidence in the courts.
In fiscal year 2025, funding for CJA panel attorneys, expert witnesses, etc., ran out, leaving them to work without pay. The Defender Services Office also faced challenges from funding shortfalls, including a two-year hard hiring freeze. Following coordinated campaigns by the ABA and its allies, Congress fully funded the DSO at 100% of its budget request. The funding allowed the DSO to provide back pay to CJA panel attorneys and to lift the hiring freeze. For fiscal year 2027, the DSO proposed a modest budget increase, which the ABA supported. The House Appropriations Committee approved full funding for fiscal year 2027, as well.
Adequate legal aid funding helps ensure access to justice, but effective representation also depends on the confidentiality that lies at the heart of the attorney-client relationship. To help protect and defend the attorney-client privilege and lawyers’ ethical duty of confidentiality, the ABA regularly engages with Congress and federal agencies, advocating for measures and policies that strengthen or preserve these fundamental legal principles and opposing proposals that would undermine them by requiring lawyers to disclose confidential client information.
As an example, the ABA helped to reverse the Persuader Rule adopted by the Department of Labor that would have required many lawyers and law firms representing employers to report confidential client information to the government. It also helped persuade the Federal Energy Regulatory Commission to formally withdraw its proposed “Duty of Candor” rule, which would have imposed new regulations on many lawyers representing clients before the FERC and required them to disclose confidential client information to the agency.
Ultimately, the strength of democratic institutions depends not only on laws and public policy but also on civic participation and public trust. Voting, helping others access reliable election information, and using legal skills to strengthen confidence in the electoral process are among the ways legal professionals are helping to ensure our constitutional democracy.
In 2023, the ABA updated its Election Administration Guidelines and Commentary, a comprehensive set of nonpartisan best practices designed to help election officials ensure the integrity and fairness of the election process. The guidelines assist state and local jurisdictions in reviewing and improving election administration in light of ongoing changes and trends in elections. The guidelines are designed to provide a framework that can be adapted, including detailed sections on voter registration, voting accessibility, election administration, ballot counting and recount procedures.
The ABA encourages election authorities to use the guidelines to strengthen election integrity and help ensure access to and public confidence in the electoral system, and it urges governments to provide adequate funding, so that election offices have the personnel and resources needed to ensure the integrity and efficiency of the electoral process.
To encourage civic engagement, Poll Worker, Esq. provides resources to encourage lawyers, law students and other legal professionals to serve as poll workers and support the nonpartisan administration of elections in their communities. Poll workers, the unsung heroes of elections, assist voters, carry out procedures, support orderly operations at polling locations, and help reinforce public confidence in the administration of elections.
Through its ABA Election Center, the Governmental Affairs Office further seeks to support those efforts. It is a nonpartisan digital hub designed to help voters, ABA members, lawyers, law students and other legal professionals find reliable election information in one place.
The Election Center provides direct access to tools that allow users to register to vote, check or update an existing registration, locate a polling place, and review voter registration deadlines by state. It also connects users with information about absentee and mail voting, early voting, voting rights and voting accessibility.
As the nation begins its next 250 years, the challenges facing our nation’s justice system and democratic institutions will continue to evolve, but the principles at stake remain constant. The ABA and its Governmental Affairs Office will continue to advocate for ABA policy that promotes access to justice, protects the independence of the legal system, and strengthens the institutions that underpin our democratic system.
ABA members and others interested in staying informed about advocacy and civic engagement opportunities can visit the ABA Election Center and sign up to receive advocacy updates and grassroots action alerts through the ABA Congressional Messaging Portal. By joining the ABA Grassroots Action Team, members can stay informed about federal policy developments, receive timely advocacy opportunities, and engage in efforts to strengthen and protect our democratic institutions.
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 us on social media platforms @ABAGrassroots to learn more about significant legislative and governmental developments of interest to the ABA as they happen.
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