The American Bar Association Reaffirms their Commitment to Upholding the Rule of Law

Please read this week’s posting of the Resolution that was adopted by the American Bar Association at their midyear meeting in August.  The American Bar Association notes that “Recent actions by the executive branch—including attacks on the judiciary, and the bar—have threatened the constitutional separation of powers, civil rights protections, and the integrity of democratic institutions.” This is not a partisan issue but rather one which impacts us all. It is essential that all Georgia lawyers stand up for the rule of law.

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Regards,
Georgia Lawyers for the Rule of Law

AMERICAN BAR ASSOCIATION
ADOPTED BY THE HOUSE OF DELEGATES
AUGUST 11-12, 2025

RESOLUTION

RESOLVED, That the ABA commits to supporting initiatives, programs, and partnerships that advance the rule of law and civil rights, both domestically and internationally; and FURTHER RESOLVED, That the ABA urges all branches of federal, state, local, territorial, and tribal governments to:

• Ensure that laws and policies are enacted and enforced in a manner consistent with constitutional principles and human rights;
• Protect the independence of the judiciary and integrity of the legal profession;
• Safeguard the rights of marginalized and vulnerable communities, ensuring equal access to justice; and
• Promote civics education and awareness about the importance of the rule of law and civil rights in maintaining a just society.

REPORT

Introduction

The United States is facing unprecedented threats to the rule of law. The rule of law is the bedrock of democratic governance, ensuring fairness, accountability, and equality. The rule of law further serves to protect certain basic civil rights fundamental to the protection of individual freedoms and the promotion of justice in society. Recent challenges to the rule of law necessitate renewed efforts to uphold these principles in both domestic and international contexts.

The Importance of the Rule of Law

The rule of law matters. It is the foundation of justice and order in society. It ensures that laws are fair and applied consistently, protects individuals from arbitrary power, and promotes public confidence in legal institutions. In his 1984 Law Day Proclamation, President Ronald Reagan noted that “[w]ithout law, there can be no freedom, only chaos and disorder; and without freedom, law is but a cynical veneer for injustice and oppression.”

Key aspects of the rule of law have been recognized by the American Bar Association (ABA):

• Judicial Independence: An impartial and independent judiciary is essential for resolving disputes fairly and upholding constitutional principles. The House of Delegates has adopted policy to support an independent judiciary. 05A10A; 96M300.
• Equality Before the Law: All individuals, regardless of their status, must be treated equally under the law. 74A303.
• Accountability: Governments and public officials must be held accountable for their actions, ensuring transparency and adherence to the law. At the 2024 Annual Meeting, the House of Delegates adopted a Statement of Principles to Preserve, Protect, and Defend the Constitution, the Rule of Law, and American Democracy. 24A801.

Threats to the Rule of Law

The United States Constitution established our government structure to prevent tyranny and protect liberty and justice. There are three co-equal branches of government in the United States; these separate branches have different constitutional responsibilities to ensure that there are checks and balances in our system to prevent any one branch from usurping unfettered control over the population. However, unprecedented actions by the executive branch seek to ignore these divisions of power and undermine the rule of law. These include attacks on the courts and the legal profession.

As Association President William Bay wrote, “We may disagree with interpretation of case law, but it is unacceptable to personally target judges just because we disagree with their ruling. We cannot have a judicial system where the government seeks to remove judges simply because they do not rule as the government desires. Considering the increasing physical threats to judges, these are clearly efforts to intimidate judges and our courts.” Likewise, with respect to the legal profession, President Bay wrote, “Clients have the right to have access to their lawyer without interference by the government. Lawyers must be free to represent clients and perform their ethical duty without fear of retribution. These government actions deny clients access to justice and betray our fundamental values.”

The executive branch seeks to punish dissent and debate, actions protected by the First Amendment. These actions create confusion and weaken the integrity of our democratic institutions.

Respecting the courts is a foundation of the rule of law. Efforts to intimidate the judiciary and to suggest that such intimidation can alter a court’s rulings weaken the public’s confidence in the fairness of our judicial system. Government officials, including the President, inappropriately have called for judges to be impeached when the executive branch disagrees with a judge’s decision. The current President called a judge with whom he disagreed “crooked.” Confidence in our judicial system is the bedrock of the rule of law. Fairness and the perception of fairness are even more critical when courts are called upon to address issues of legislative or executive power.

Civil and Human Rights Under Threat

Civil rights safeguard the fundamental freedoms and dignity of individuals. They include protections against discrimination, unreasonable search and seizure, the right to due process, and freedoms of speech, assembly and religion. Recent executive actions violate these protections: deporting individuals without hearings, pausing foreign aid for humanitarian assistance and restricting birthright citizenship, among other actions. The administration also issued an order seeking to usurp congressional and state authorities by imposing its own voter qualifications for federal elections. Marginalized and vulnerable communities have faced heightened threats to their civil rights, necessitating renewed efforts to ensure equal access to justice and civil rights protections.

ABA’s Efforts to Support the Rule of Law

The ABA has a robust commitment to advancing the rule of law, both domestically and internationally. Goal IV articulates the Association’s commitment to advancing the rule of law. This includes increasing public understanding of and respect for the rule of law, the legal process and the role of the legal profession domestically and internationally. It also includes holding governments accountable, including the U.S. government, assuring meaningful access to justice for all persons and preserving the independence of the legal profession and the judiciary.

Former ABA President William H. Neukom founded the World Justice Project in 2006 as a presidential initiative of the ABA.8 When starting the project, he stated that, “Without the rule of law, [a country] is destabilized, more vulnerable to terrorism, and [the economy suffers].” The ABA established the Rule of Law Initiative (ROLI) in 2007; this program “promote[s] justice, economic opportunity, and human dignity through the rule of law.” ROLI has worked with global partners in over 100 countries to promote the rule of law and civil rights. As a basic principle regarding the rule of law, every government “has to have some system to ensure that no one in the government has so much power that they can act above the law.” This includes respecting the separation of powers. During the 2024 Annual Meeting, the House of Delegates adopted 24A801 to defend the Constitution, rule of law and American democracy. The ABA has described these abnormal and unconstitutional attacks on the rule of law under the Trump Administration as “chaotic.” The ABA has issued a number of statements supporting the rule of law and joined litigation challenging the freeze in funding to U.S. Agency for International Development. This resolution urges the ABA to strengthen its efforts to preserve the rule of law.

Civics Education

Justice Sandra Day O’Connor believed that democracy relies on civic engagement. She said that “[i]t is the citizens of our nation who must preserve our system of government and we cannot forget that.” The Founding Fathers believed that democracy depended on an informed citizenry to prevent falling prey to tyrants. However, the American population is increasingly unaware of basic civics. Understanding how the government works is important to counter misinformation and to promote civic participation. A 2024 survey by the Annenberg Center for Public Policy found that 35% of adults could not name all three branches of government, and 15% could not name any. There should be increased public awareness of the importance of the rule of law and civil rights through educational initiatives and advocacy campaigns, including sharing of ABA resources.

Conclusion

The executive branch’s recent challenges to the rule of law in so many sectors of government are unprecedented. They threaten to dismantle the structure of government, the separation of powers, Constitutional protections of civil rights, and the legal system. These challenges warrant a reaffirmation of the ABA’s commitment to the rule of law and civil rights as essential components of a just and equitable society. By adopting this resolution and supporting its implementation, the ABA will demonstrate leadership in advancing the rule of law. This commitment will enhance public trust, ensure accountability and protect the fundamental freedoms of all individuals. Again, quoting President Bay, “We cannot afford to remain silent. We must stand up for the values we hold dear. The ABA will do its part and act to protect the rule of law.”

Respectfully submitted,
Lacy L. Durham, Chair
Section of Civil Rights and Social Justice
August 2025