The Justice Department has announced a significant change regarding its relationship with the American Bar Association (ABA), stating it will no longer comply with the ABA’s ratings process for judicial nominees. Attorney General Pam Bondi made this announcement in a letter sent to ABA President William R. Bay, arguing that the current system is biased and favors nominees from Democratic administrations.
Bondi’s letter highlights concerns about the ABA’s longstanding influence in the judicial nomination process. She pointed out that for decades, the ABA received special treatment, including advance notice of nominees before public announcements. This practice, she argued, allowed the ABA to have undue influence over the nomination process, with some administrations reportedly making nomination decisions based on the ratings assigned by the ABA.
In her letter, Bondi emphasized that the Justice Department will no longer grant the ABA the preferential treatment it has enjoyed. "There is no justification for treating the ABA differently from other activist organizations," she wrote. As part of this shift, nominees will not be required to provide the ABA with access to non-public information, including their bar records, nor will they respond to ABA questionnaires or participate in interviews with the organization.
This decision comes amid ongoing tensions between the Republican Party and the ABA, which has been criticized by some GOP members as a left-leaning group. Senator Mike Lee from Utah has previously labeled the ABA a "radical left-wing advocacy group," particularly criticizing its focus on diversity and inclusion initiatives.
The ABA, founded in the late 1800s, boasts a membership of over 400,000 legal professionals. However, its influence has come under scrutiny, particularly from Republican lawmakers. This move to cut ties with the ABA marks a continuation of a trend seen in previous Republican administrations, including the George W. Bush and Donald Trump presidencies, which also sought to limit the ABA’s role in the judicial nomination process.
As this story develops, it will be interesting to see how this change impacts future judicial nominations and the relationship between the Justice Department and legal organizations.