The Executive Committee of the Association of American Law Schools has issued a Statement on Executive Branch Compliance With Court Orders. It follows a perhaps more comprehensive Statement distributed under the signature of the President of the American Bar Association and entitled "The ABA supports the rule of law." Both follow below without comment. I note only that while virtually everyone will agree with the general principles described, the challenges occur at the margins, in context, and around the way in which words and concepts are understood and applied.
February 18, 2025
STATEMENT OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS ON
EXECUTIVE BRANCH COMPLIANCE WITH COURT ORDERS
Throughout American history, with the rarest of exceptions, presidents have complied with court orders, even those with which they strongly disagree. Our Constitution demands it. As Marbury v. Madison held long ago, we are a nation of laws, not of people, and our Constitution makes it “emphatically the province
and duty of the judicial department to say what the law is.” Every law student, in every one of our nation’s law schools, learns this lesson, as it sits at the foundation of the American vision of the rule of law and separation of powers. This lesson also sits at the foundation of fairness: if the people who elect our
leaders must obey the law, then so must the leaders.
We are very concerned by recent statements by elected officials and administration representatives that put into question courts’ authority to review the legality of executive action.
Reasonable people can disagree over the merits of particular policies and judicial decisions. The executive branch has many avenues to challenge judicial decisions with which it disagrees through the courts. Presidents of both political parties have successfully done so. There can be no disagreement that in a nation under law, that all government officials, without exception, must comply with direct judicial orders. To do otherwise is to shatter our historic system of separation of powers and remove the checks and balances the framers so wisely wrote in our Constitution.
As Chief Justice John Roberts recently explained: “Our political system and economic strength depend on the rule of law. The rule of law depends, in turn, on Article III of the Constitution and judges and justices appointed and confirmed under it. . . .[V]iolence, intimidation, and defiance directed at judges because of their work undermine our Republic, and are wholly unacceptable.”
We are an association of law schools from all over the United States. Our members are from public and private schools, from schools in so-called red states and blue states, in the heart of major cities and in rural communities across the country, with different missions and different commitments, and with faculty, students, staff, and alumni who have a wide range of views on the political issues of the
day. We are marked as much by our differences as our commonalities. All of our law schools are
committed to ensuring the continuity of the rule of law through the education of our nation’s next
generation of lawyers and judges. Our graduates, when sworn in to the bar, take an oath pledging
to support the rule of law and the Constitution of the United States. These are not partisan
commitments; they are foundational to our country and what it means to be a lawyer.
Defiance of court orders by our government is incompatible with our constitutional democracy. Congress and the courts must take all appropriate actions to uphold the rule of law and protect the authority of the judicial branch and the Constitution. The Association therefore joins the American Bar Association in its statement condemning “remarks questioning legitimacy of courts and judicial review” and in calling “for every lawyer and legal organization to speak with one voice and to condemn the efforts of any administration that suggests its actions are beyond the reach of judicial review.”
Association of American Law Schools
Executive Committee
* * *
February 10, 2025 From the American Bar Association
The ABA supports the rule of law
It has been three weeks since Inauguration Day. Most Americans recognize that newly elected leaders bring change. That is expected. But most Americans also expect that changes will take place in accordance with the rule of law and in an orderly manner that respects the lives of affected individuals and the work they have been asked to perform.
Instead, we see wide-scale affronts to the rule of law itself, such as attacks on constitutionally protected birthright citizenship, the dismantling of USAID and the attempts to criminalize those who support lawful programs to eliminate bias and enhance diversity.
We have seen attempts at wholesale dismantling of departments and entities created by Congress without seeking the required congressional approval to change the law. There are efforts to dismiss employees with little regard for the law and protections they merit, and social media announcements that disparage and appear to be motivated by a desire to inflame without any stated factual basis. This is chaotic. It may appeal to a few. But it is wrong. And most Americans recognize it is wrong. It is also contrary to the rule of law.
The American Bar Association supports the rule of law. That means holding governments, including our own, accountable under law. We stand for a legal process that is orderly and fair. We have consistently urged the administrations of both parties to adhere to the rule of law. We stand in that familiar place again today. And we do not stand alone. Our courts stand for the rule of law as well.
Just last week, in rejecting citizenship challenges, the U.S. District Judge John Coughenour said that the rule of law is, according to this administration, something to navigate around or simply ignore. “Nevertheless,” he said, “in this courtroom and under my watch, the rule of law is a bright beacon which I intend to follow.” He is correct. The rule of law is a bright beacon for our country.
In the last 21 days, more than a dozen lawsuits have been filed alleging that the administration’s actions violate the rule of law and are contrary to the Constitution or laws of the United States. The list grows longer every day.
These actions have forced affected parties to seek relief in the courts, which stand as a bulwark against these violations. We support our courts who are treating these cases with the urgency they require. Americans know there is a right way and a wrong way to proceed. What is being done is not the right way to pursue the change that is sought in our system of government.
These actions do not make America stronger. They make us weaker. Many Americans are rightly concerned about how leaders who are elected, confirmed or appointed are proceeding to make changes. The goals of eliminating departments and entire functions do not justify the means when the means are not in accordance with the law. Americans expect better. Even among those who want change, no one wants their neighbor or their family to be treated this way. Yet that is exactly what is happening.
These actions have real-world consequences. Recently hired employees fear they will lose their jobs because of some matter they were assigned to in the Justice Department or some training they attended in their agency. USAID employees assigned to build programs that benefit foreign countries are being doxed, harassed with name-calling and receiving conflicting information about their employment status. These stories should concern all Americans because they are our family members, neighbors and friends. No American can be proud of a government that carries out change in this way. Neither can these actions be rationalized by discussion of past grievances or appeals to efficiency. Everything can be more efficient, but adherence to the rule of law is paramount. We must be cognizant of the harm being done by these methods.
Moreover, refusing to spend money appropriated by Congress under the euphemism of a pause is a violation of the rule of law and suggests that the executive branch can overrule the other two co-equal branches of government. This is contrary to the constitutional framework and not the way our democracy works. The money appropriated by Congress must be spent in accordance with what Congress has said. It cannot be changed or paused because a newly elected administration desires it. Our elected representatives know this. The lawyers of this country know this. It must stop.
There is much that Americans disagree on, but all of us expect our government to follow the rule of law, protect due process and treat individuals in a way that we would treat others in our homes and workplaces. The ABA does not oppose any administration. Instead, we remain steadfast in our support for the rule of law.
We call upon our elected representatives to stand with us and to insist upon adherence to the rule of law and the legal processes and procedures that ensure orderly change. The administration cannot choose which law it will follow or ignore. These are not partisan or political issues. These are rule of law and process issues. 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.
We urge every attorney to join us and insist that our government, a government of the people, follow the law. It is part of the oath we took when we became lawyers. Whatever your political party or your views, change must be made in the right way. Americans expect no less.
– William R. Bay, president of the American Bar Association
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