ABA’s Trump ‘Law Firm Intimidation’ Suit Gets Greenlight (1)

The American Bar Association’s suit challenging President Donald Trump’s attacks on law firms is moving forward after a federal judge on Tuesday rejected the Justice Department’s motion to dismiss the case.

The ABA plausibly alleged “a realistic threat of sanctions to establish its standing,” Judge Amir Ali ruled. Ali also said the organization sufficiently argued that Trump’s executive orders against certain firms and deals with others have chilled free speech.

The ruling comes weeks after the Justice Department fought to kill the lawsuit, over what the ABA calls Trump’s “law firm intimidation policy.” The Justice Department argued that the ABA doesn’t have standing to pursue claims based on hypothetical speculation that Trump may issue additional orders targeting law firms.

“The ABA believes this case is crucial to defending our members’ rights to represent clients of their choice and the public’s right to secure counsel of choice,” ABA President Michelle Behnke said in a statement. “While the ABA wishes it did not have to file this suit, we felt it was vitally necessary that we do so.”

Lawyers for the ABA in a March 4 hearing cited DOJ’s flip flop on its appeal of separate decisions striking down executive orders against four firms. They said the administration’s decision to continue the appeal less than 24 hours after signaling it would drop the cases showed that Trump is still trying to punish firms over their work on certain cases and ties to lawyers he views as enemies.

“The complaint details at length the chilling effect the alleged policy has had on firms and lawyers, with specific allegations that firms have declined to take on matters, including those that challenge administration policies and that involve representation of the ABA itself,” Ali said.

The case is American Bar Association v. Executive Office of the President, D.D.C., 1:25-cv-01888, 3/31/26