A federal judge has ruled that the American Bar Association (ABA) can proceed with a lawsuit alleging that President Donald Trump’s administration adopted an unlawful policy to punish law firms over their past legal work, diversity initiatives and political affiliations.

In a ruling on Tuesday, US District Judge Amir Ali said the bar association, which advocates for lawyers’ interests, had plausibly alleged “a coordinated campaign to intimidate and punish law firms and their lawyers” based on speech the White House disfavoured.

Judge Ali noted that the ABA’s lawsuit “details at length the chilling effect the alleged policy has had on firms and lawyers,” including claims that some law firms avoided matters challenging the Trump administration out of fear of retaliation.

The lawsuit, filed by the ABA — the largest US attorney membership organization — seeks a declaration that the administration’s alleged policy is unlawful, as well as an order barring the White House and federal agencies from enforcing it.

ABA President Michelle Behnke said the organisation was “confident in the soundness” of its lawsuit.
“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,” Behnke added.

Last year, Trump issued executive orders against prominent law firms seeking to revoke lawyers’ security clearances, restrict access to federal buildings and threaten to terminate U.S. government contracts held by the firms’ clients.

Four judges struck down these orders, finding they violated the firms’ free speech and due process rights under the US Constitution. The Trump administration is appealing those rulings.

Nine other leading law firms reached settlements with Trump last year to rescind or avoid similar executive orders, collectively pledging nearly $1 billion in free legal work to causes supported by the White House.

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