The American Bar Association issued a blistering missive on the chaos President Donald Trump has unleashed in the early days of his second administration, urging the nation’s courts and attorneys to stand as a bulwark for the rule of law.“It has been three weeks since Inauguration Day. Most Americans recognize that newly elected leaders bring change. That is expected,” ABA President William
But most Americans also expect that changes will take place in accordance with the rule of law and in an orderly manner that respects the lives of affected individuals and the work they have been asked to perform.”Trump has issued dozens of executive orders since Jan. 20 as he seeks to radically restructure the federal government with the help of billionaire adviser Elon Musk and his so-called Department of Government Efficiency.While never mentioning Musk by name, Bay skewered decisions made by DOGE including the dismantling of USAID, an agency created and funded by Congress
This is chaotic. It may appeal to a few. But it is wrong,” Bay said.He called on the administration to remember basic civics lessons about the three coequal branches of American government and praised one federal judge in particular for pushing back on Trump’s executive order against birthright citizenship.For more than 150 years, the 14th Amendment of the Constitution has guaranteed the right to citizenship for those born on U.S. soil. Amendments cannot be abolished by the president’s will alone.
Just last week, in rejecting citizenship challenges, the U.S. District Judge John Coughenour said that the rule of law is, according to this administration, something to navigate around or simply ignore. ‘Nevertheless,’ he said, ‘in this courtroom and under my watch, the rule of law is a bright beacon which I intend to follow.’ He is correct. The rule of law is a bright beacon for our country,” Bay wrote.
The ABA, a nonpartisan legal accreditation group, has served to maintain academic and ethical standards for law schools and those in the legal profession since 1878.More than a dozen lawsuits have been filed in opposition to Trump’s actions over just the last three weeks, amid confusing guidance over the disbursement of federal funds that has thrown federal agencies into turmoil. The federal government employs some 3 million people.Vice President JD Vance went so far as to suggest the lawsuits and subsequent judicial action violated presidential power, seemingly painting the executive branch as an authority above all others. House Speaker Mike Johnson also urged the courts to “take a step back” while the destabilizing changes are carried out.
No American can be proud of a government that carries out change in this way. Neither can these actions be rationalized by discussion of past grievances or appeals to efficiency. Everything can be more efficient, but adherence to the rule of law is paramount. We must be cognizant of the harm being done by these methods,” Bay wrote.He ended by calling on elected representatives “to stand with us and to insist upon adherence to the rule of law and the legal processes and procedures that ensure orderly change.”
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