The American Bar Association (ABA) has raised concerns over President Trump’s “equal merit” executive order that calls for federal agencies to encourage the private sector to end “illegal” diversity, equity and inclusion (DEI) policies.

The ABA has also clashed with Trump over cuts to foreign aid and his administration’s criticism of judges, setting the tone for what looks set to be a fractious relationship between the president and the US legal profession’s representative body.

The order issued last month – Ending Illegal Discrimination and Restoring Merit-Based Opportunity – seeks to reverse federal contractors’ requirements to implement specific affirmative action programmes and targeted private-sector DEI initiatives.

Bar associations promoting DEI policies could face investigations or potential prosecution under the order, with Reuters reporting that associations of conservative law firms have already asked the Equal Employment Opportunity Commission to investigate several ABA hiring programmes, claiming they discriminated against white Americans by giving priority to ethnic minority applicants and other groups. 

The ABA is urging President Trump to amend the order.

Another significant front in disputes between the ABA and Trump is the administration’s freeze on foreign assistance funding, which supports initiatives for training lawyers and judges. The ABA filed a subsequent lawsuit, with others challenging the freeze. 

“The sudden dismantling of USAID has real-world consequences that cause harm not only to those we serve but also those who serve others,” said ABA president William Bay.

Moreover, the ABA has condemned the administration’s attacks on judicial review. Following criticism from Trump advisor Elon Musk about a federal judge’s ruling and subsequent statements by Vice President JD Vance – a former associate at Sidley Austin – the ABA responded firmly: “These comments pose serious risks to our constitutional framework that separates power among three co-equal branches.”

Paul Grimm, director of the Bolch Judicial Institute at Duke Law School, emphasised the dangers of personal attacks on judges, stating: “Personal attacks against federal judges, including calls for impeachment and the online posting of home addresses, are highly inappropriate and dangerous – whether through social media or news outlets.”

He added: “It is the duty of lawyers, bar associations, elected officials and all who value the rule of law to defend judges whose constitutional duties require them to decide cases that challenge governmental policies as violating the constitution or federal laws.”

The internationally respected International Association of Trial Lawyers echoed his criticisms of the Trump administration, criticising the new administration’s “repeated disregard for the US constitution”.

Bay summarised the ABA’s overall stance during a speech to the ABA House of Delegates at its recent February mid-year meeting in Phoenix, asserting: “The American Bar Association will not shrink from the things we believe in… We will stand for the rule of law today as we have for nearly 150 years.”

Subsequently, the Federal Trade Commission’s new chairman, Andrew Ferguson, announced a new policy prohibiting political appointees from holding leadership roles in the ABA, participating in ABA events or renewing ABA memberships. Additionally, it confirmed the FTC would no longer support employee membership or participation in ABA activities.

Separately, the International Bar Association also condemned the Trump administration for sanctioning the International Criminal Court last week.