Case: American Bar Association v. Executive Office of the President

1:25-cv-01888 | U.S. District Court for the District of District of Columbia

Filed Date: June 16, 2025

Case Ongoing

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Case Summary

This case challenged the Trump Administration’s policy and practice of using executive orders to coerce lawyers and law firms into jettisoning clients, legal arguments, and principles contrary to the ideology of the Administration. The Trump Administration targeted law firms by suspending their security clearances, cutting off their federal contracts, and restricting government hiring from their ranks. The Administration successfully pressured some firms into entering settlement agreements which required them to modify hiring practices and internal policies, terminate diversity initiatives, and abandon much of their public interest and pro bono portfolios. Whether or not individual firms chose to settle, plaintiff contended that the Administration’s retaliatory behavior chilled free speech and hampered attorneys’ aggressive and zealous representation of their clients. Plaintiff alleged that the Trump Administration’s practice of targeting law firms violated the First Amendment and separation of powers.

Specifically, plaintiff alleged the Trump Administration’s First Amendment violations included suppression of and retaliation for protected advocacy; viewpoint discrimination; impediment to the right to petition the government; breach of the right to free association; and overbreadth which rendered the Administration’s policies unconstitutional because they relied on an “unascertainable standard.” Plaintiff also alleged a violation of separation of powers because the Trump Administration acted ultra vires (beyond its legal authority); no act of Congress or provision of the Constitution authorized its executive orders targeting law firms.

The plaintiff in this case was the American Bar Association (ABA), a nonpartisan nonprofit which represented hundreds of thousands of legal professionals—including attorneys at every one of the top 100 law firms in the United States—and advocated for the rule of law. On June 16, 2025, the ABA filed this lawsuit in the U.S. District Court for the District of Columbia against the Office of the President, as well as against dozens of federal agencies and departments and their respective heads. The ABA sought declaratory and injunctive relief. The case was assigned to Judge Amir H. Ali.

On August 8, 2025, defendants moved to dismiss the the case, asserting that the ABA lacked standing and that its claims were unripe.

This case is ongoing.

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Summary Authors

Matt Petrillo (6/24/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70551899/parties/american-bar-association-v-executive-office-of-the-president/

Attorney for Plaintiff

Brook, Davida (District of Columbia)

Hewitt, Jillian Shafer (District of Columbia)

Manne, Neal Stuart (District of Columbia)

Nelson, Justin A. (District of Columbia)

Attorney for Defendant

Expert/Monitor/Master/Other

DELANEY, ANDREW (District of Columbia)

Attorney for Plaintiff

Brook, Davida (District of Columbia)

Hewitt, Jillian Shafer (District of Columbia)

Manne, Neal Stuart (District of Columbia)

Nelson, Justin A. (District of Columbia)

Peaslee, Katherine Marie (District of Columbia)

Seigel, Steven M. (District of Columbia)

Shackelford, Stephen Shackelford (District of Columbia)

Attorney for Defendant

Wen, James (District of Columbia)

Expert/Monitor/Master/Other

DELANEY, ANDREW (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-01888	Complaint for Declaratory and Injunctive Relief	June 16, 2025	June 16, 2025 Complaint

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Resources

Title	Description		External URL Date / External URL
EO 14250 - Addressing Risks from WilmerHale President Donald Trump	Declaring that Wilmer Cutler Pickering Hale and Dorr LLP (WilmerHale) has "abandoned the profession’s highest ideals and abused its pro bono practice to engage in activities that undermine justice an…	March 27, 2025	March 27, 2025 https://www.federalregister.gov/...
EO 14246 - Addressing Risks From Jenner & Block President Donald Trump	Declaring that Jenner & Block LLP "abandoned the profession's highest ideals, condoned partisan 'lawfare,' and abused its pro bono practice to engage in activities that undermine justice and the inte…	March 25, 2025	March 25, 2025 https://www.federalregister.gov/...
EO 14237 - Addressing Risks From Paul Weiss President Donald Trump	Declaring that Paul, Weiss, Rifkind, Wharton & Garrison LLP (Paul Weiss) has undermined "the judicial process and in the destruction of bedrock American principles"; Ordering that all government agen…	March 14, 2025	March 14, 2025 https://www.federalregister.gov/...
EO 14230 - Addressing Risks From Perkins Coie LLP President Donald Trump	Declaring that Perkins Coie LLP is "dishonest and dangerous" due to its legal its legal representation of the 2016 Clinton Campaign and in voting rights cases; Declaring that Perkins Coie LLP engages…	March 6, 2025	March 6, 2025 https://www.federalregister.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/70551899/american-bar-association-v-executive-office-of-the-president/

Last updated Aug. 29, 2025, 3:29 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT For Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 405 receipt number ADCDC-11757550) filed by American Bar Association. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons, # 23 Summons, # 24 Summons, # 25 Summons, # 26 Summons, # 27 Summons, # 28 Summons, # 29 Summons, # 30 Summons, # 31 Summons, # 32 Summons, # 33 Summons, # 34 Summons, # 35 Summons, # 36 Summons, # 37 Summons, # 38 Summons, # 39 Summons, # 40 Summons, # 41 Summons, # 42 Summons, # 43 Summons, # 44 Summons, # 45 Summons, # 46 Summons, # 47 Summons, # 48 Summons, # 49 Summons, # 50 Summons, # 51 Summons, # 52 Summons, # 53 Summons, # 54 Summons, # 55 Summons, # 56 Summons, # 57 Summons, # 58 Summons, # 59 Summons, # 60 Summons, # 61 Summons, # 62 Summons, # 63 Summons, # 64 Summons, # 65 Summons, # 66 Summons, # 67 Summons, # 68 Summons, # 69 Summons, # 70 Summons, # 71 Summons, # 72 Summons)(Shackelford, Stephen) (Attachment 1 replaced on 6/18/2025) (znmw). (Entered: 06/16/2025) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER 8 Summons View on PACER 9 Summons View on PACER 10 Summons View on PACER 11 Summons View on PACER 12 Summons View on PACER 13 Summons View on PACER 14 Summons View on PACER 15 Summons View on PACER 16 Summons View on PACER 17 Summons View on PACER 18 Summons View on PACER 19 Summons View on PACER 20 Summons View on PACER 21 Summons View on PACER 22 Summons View on PACER 23 Summons View on PACER 24 Summons View on PACER 25 Summons View on PACER 26 Summons View on PACER 27 Summons View on PACER 28 Summons View on PACER 29 Summons View on PACER 30 Summons View on PACER 31 Summons View on PACER 32 Summons View on PACER 33 Summons View on PACER 34 Summons View on PACER 35 Summons View on PACER 36 Summons View on PACER 37 Summons View on PACER 38 Summons View on PACER 39 Summons View on PACER 40 Summons View on PACER 41 Summons View on PACER 42 Summons View on PACER 43 Summons View on PACER 44 Summons View on PACER 45 Summons View on PACER 46 Summons View on PACER 47 Summons View on PACER 48 Summons View on PACER 49 Summons View on PACER 50 Summons View on PACER 51 Summons View on PACER 52 Summons View on PACER 53 Summons View on PACER 54 Summons View on PACER 55 Summons View on PACER 56 Summons View on PACER 57 Summons View on PACER 58 Summons View on PACER 59 Summons View on PACER 60 Summons View on PACER 61 Summons View on PACER 62 Summons View on PACER 63 Summons View on PACER 64 Summons View on PACER 65 Summons View on PACER 66 Summons View on PACER 67 Summons View on PACER 68 Summons View on PACER 69 Summons View on PACER 70 Summons View on PACER 71 Summons View on PACER 72 Summons View on PACER	June 16, 2025	June 16, 2025 Clearinghouse
2	NOTICE of Appearance by Stephen Shackelford, Jr on behalf of American Bar Association (Shackelford, Stephen) (Entered: 06/16/2025)	June 16, 2025	June 16, 2025 PACER
3	NOTICE of Appearance by Steven M. Seigel on behalf of American Bar Association (Seigel, Steven) (Entered: 06/16/2025)	June 16, 2025	June 16, 2025 PACER
4	NOTICE of Appearance by Justin A. Nelson on behalf of American Bar Association (Nelson, Justin) (Entered: 06/16/2025)	June 16, 2025	June 16, 2025 PACER
5	SUMMONS (70) Issued Electronically as to PAUL S. ATKINS, SCOTT BESSENT, PAMELA BONDI, DOUG BURGUM, BRENDAN CARR, CENTRAL INTELLIGENCE AGENCY, JUDY W. CHANG, LORI CHAVEZ-DEREMER, MARK C. CHRISTIE, DOUGLAS A. COLLINS, CONSUMER FINANCIAL PROTECTION BUREAU, CAROLINE A. CRENSHAW, DEPARTMENT OF AGRICULTURE, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF LABOR, DEPARTMENT OF STATE, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF THE TREASURY, DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF VETERANS AFFAIRS, SEAN DUFFY, STEPHEN EHEKIAN, ENVIRONMENTAL PROTECTION AGENCY, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, EXECUTIVE OFFICE OF THE PRESIDENT, CHARLES EZELL, FEDERAL BUREAU OF INVESTIGATION, FEDERAL COMMUNICATIONS COMMISSION, FEDERAL ENERGY REGULATORY COMMISSION, FEDERAL TRADE COMMISSION, ANDREW N. FERGUSON, TULSI GABBARD, GENERAL SERVICES ADMINISTRATION, ANNA M. GOMEZ, PETER B. HEGSETH, MELISSA ANN HOLYOAK, INTERNAL REVENUE SERVICE, ROBERT F. KENNEDY, JR, WILLIAM HOLLIS LONG, II, HOWARD W. LUTNICK, MARK M. MEADOR, KRISTI NOEM, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, KASH PATEL, HESTER M. PIERCE, JOHN L. RATCLIFFE, BROOKE L. ROLLINS, DAVID ROSNER, MARCO RUBIO, SECURITIES AND EXCHANGE COMMISSION, LINSAY S. SEE, NATHAN SIMINGTON, GEOFFREY STARKS, COKE MORGAN STEWART, DOUGLAS TULINO, U.S. DEPARTMENT OF JUSTICE, U.S. POST OFFICE, UNITED STATES OF AMERICA, UNITED STATES PATENT AND TRADEMARK OFFICE, MARK T. UYEDA, RUSSELL VOUGHT (2), CHRIS WRIGHT, LEE M. ZELDIN, and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 06/18/2025)	June 18, 2025	June 18, 2025 RECAP
6	REQUEST FOR SUMMONS TO ISSUE filed by AMERICAN BAR ASSOCIATION. Related document: 1 Complaint,,,,, filed by AMERICAN BAR ASSOCIATION.(Shackelford, Stephen) (Entered: 06/18/2025)	June 18, 2025	June 18, 2025 RECAP
7	SUMMONS (1) Issued Electronically as to ANDREA R. LUCAS. (mg) (Entered: 06/18/2025)	June 18, 2025	June 18, 2025 RECAP
	Case Assigned/Reassigned	June 18, 2025	June 18, 2025 PACER
	Case Assigned to Judge Amir H. Ali. (znmw)	June 18, 2025	June 18, 2025 PACER
	Notice of Error- New Case	June 18, 2025	June 18, 2025 PACER
	NOTICE OF NEW CASE ERROR regarding 1 Complaint. The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit summons for U.S. Attorney and Andrea R. Lucas (summons formatted poorly) using the event Request for Summons to Issue; do not date summonses. (znmw)	June 18, 2025	June 18, 2025 PACER
11	MOTION to Intervene by ANDREW DELANEY. (Attachments: # 1 Proposed Motion to Dismiss)(mg) (Entered: 06/27/2025)	June 24, 2025	June 24, 2025 RECAP
12	ERRATA by ANDREW DELANEY re 11 Motion to Intervene. (mg) (Entered: 06/27/2025)	June 24, 2025	June 24, 2025 RECAP
8	NOTICE of Appearance by Davida Brook on behalf of AMERICAN BAR ASSOCIATION (Brook, Davida) (Entered: 06/24/2025)	June 24, 2025	June 24, 2025 PACER
13	ERRATA by ANDREW DELANEY re 11 Motion to Intervene. (mg) (Entered: 06/27/2025)	June 25, 2025	June 25, 2025 RECAP
9	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jillian Hewitt, Filing fee $ 100, receipt number BDCDC-11776658. Fee Status: Fee Paid. by AMERICAN BAR ASSOCIATION. (Attachments: # 1 Declaration of Jillian Hewitt, # 2 Text of Proposed Order)(Shackelford, Stephen) (Entered: 06/25/2025)	June 25, 2025	June 25, 2025 PACER
10	REQUEST FOR SUMMONS TO ISSUE filed by AMERICAN BAR ASSOCIATION. Related document: 1 Complaint,,,,, filed by AMERICAN BAR ASSOCIATION.(Shackelford, Stephen) (Entered: 06/26/2025)	June 26, 2025	June 26, 2025 RECAP
14	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katherine M. Peaslee, Filing fee $ 100, receipt number ADCDC-11783138. Fee Status: Fee Paid. by AMERICAN BAR ASSOCIATION. (Attachments: # 1 Declaration of Katherine M. Peaslee, # 2 Text of Proposed Order)(Shackelford, Stephen) (Entered: 06/27/2025)	June 27, 2025	June 27, 2025 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	June 27, 2025	June 27, 2025 PACER
	MINUTE ORDER granting 9 motion for leave to appear pro hac vice. Attorney Jillian Hewitt is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amir H. Ali on 6/27/2025. (lcaha3)	June 27, 2025	June 27, 2025 PACER
15	NOTICE of Appearance by Jillian Shafer Hewitt on behalf of AMERICAN BAR ASSOCIATION (Hewitt, Jillian) (Entered: 06/30/2025)	June 30, 2025	June 30, 2025 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	June 30, 2025	June 30, 2025 PACER
	MINUTE ORDER granting 14 motion for leave to appear pro hac vice. Attorney Katherine M. Peaslee is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amir H. Ali on 6/30/2025. (lcaha3)	June 30, 2025	June 30, 2025 PACER
16	SUMMONS (1) Issued Electronically as to U.S. Attorney (mg) (Entered: 07/01/2025)	July 1, 2025	July 1, 2025 RECAP
17	Memorandum in opposition to re 11 MOTION to Intervene filed by AMERICAN BAR ASSOCIATION. (Shackelford, Stephen) (Entered: 07/08/2025)	July 8, 2025	July 8, 2025 RECAP
18	REPLY to opposition to motion re 11 Motion to Intervene filed by ANDREW DELANEY. (mg) (Entered: 07/10/2025)	July 8, 2025	July 8, 2025 RECAP
19	NOTICE of Appearance by Katherine Marie Peaslee on behalf of AMERICAN BAR ASSOCIATION (Peaslee, Katherine) (Entered: 07/10/2025)	July 10, 2025	July 10, 2025 RECAP
20	STANDING ORDER. The parties are ordered to comply with the directives set forth in the attached standing order. See document for details. Signed by Judge Amir H. Ali on 7/14/2025. (lcaha3) (Entered: 07/14/2025)	July 14, 2025	July 14, 2025 RECAP
21	NOTICE of Appearance by James Wen on behalf of All Defendants (Wen, James) (Entered: 08/08/2025)	Aug. 8, 2025	Aug. 8, 2025 RECAP
22	MOTION to Dismiss for Lack of Jurisdiction by PAUL S. ATKINS, SCOTT BESSENT, PAMELA J. BONDI, DOUG BURGUM, BRENDAN CARR, CENTRAL INTELLIGENCE AGENCY, JUDY W. CHANG, LORI CHAVEZ-DEREMER, MARK C. CHRISTIE, DOUGLAS A. COLLINS, CONSUMER FINANCIAL PROTECTION BUREAU, CAROLINE A. CRENSHAW, DEPARTMENT OF AGRICULTURE, DEPARTMENT OF COMMERCE, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF LABOR, DEPARTMENT OF STATE, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF THE TREASURY, DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF VETERANS AFFAIRS, SEAN DUFFY, STEPHEN EHEKIAN, ENVIRONMENTAL PROTECTION AGENCY, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, EXECUTIVE OFFICE OF THE PRESIDENT, CHARLES EZELL, FEDERAL BUREAU OF INVESTIGATION, FEDERAL COMMUNICATIONS COMMISSION, FEDERAL ENERGY REGULATORY COMMISSION, FEDERAL TRADE COMMISSION, ANDREW N. FERGUSON, TULSI GABBARD, GENERAL SERVICES ADMINISTRATION, ANNA M. GOMEZ, PETER B. HEGSETH, MELISSA ANN HOLYOAK, INTERNAL REVENUE SERVICE, ROBERT F. KENNEDY, JR, WILLIAM HOLLIS LONG, II, ANDREA R. LUCAS, HOWARD W. LUTNICK, MARK M. MEADOR, KRISTI NOEM, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, KASH PATEL, HESTER M. PIERCE, JOHN L. RATCLIFFE, BROOKE L. ROLLINS, DAVID ROSNER, MARCO A. RUBIO, SECURITIES AND EXCHANGE COMMISSION, LINSAY S. SEE, NATHAN SIMINGTON, GEOFFREY STARKS, COKE MORGAN STEWART, DOUGLAS TULINO, U.S. DEPARTMENT OF JUSTICE, U.S. POST OFFICE, UNITED STATES OF AMERICA, UNITED STATES PATENT AND TRADEMARK OFFICE, MARK T. UYEDA, RUSSELL VOUGHT, CHRIS WRIGHT, LEE M. ZELDIN. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Wen, James) (Entered: 08/08/2025) 1 View on RECAP	Aug. 8, 2025	Aug. 8, 2025 RECAP
23	NOTICE of Appearance by Neal Stuart Manne on behalf of AMERICAN BAR ASSOCIATION (Manne, Neal) (Entered: 08/18/2025)	Aug. 18, 2025	Aug. 18, 2025 PACER
24	Unopposed MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss for Lack of Jurisdiction by AMERICAN BAR ASSOCIATION. (Attachments: # 1 Text of Proposed Order)(Hewitt, Jillian) (Entered: 08/19/2025)	Aug. 19, 2025	Aug. 19, 2025 RECAP
	MINUTE ORDER. Plaintiff's 24 unopposed motion for an extension of time to file a response to Defendants' motion to dismiss is granted. Plaintiff shall file its response by September 24, 2025. Defendants shall file their reply by October 15, 2025. Signed by Judge Amir H. Ali on 8/20/2025. (lcaha3)	Aug. 20, 2025	Aug. 20, 2025 PACER
25	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Beatrice Franklin, Filing fee $ 100, receipt number ADCDC-11914790. Fee Status: Fee Paid. by AMERICAN BAR ASSOCIATION. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Shackelford, Stephen) (Entered: 08/26/2025)	Aug. 26, 2025	Aug. 26, 2025 PACER