US bar associations promoting ‘diversity, equity, inclusion and accessibility’ (DEIA) policies could be liable to investigation or potential prosecution under president Trump’s ‘equal merit’ executive order, lawyers said this week.

The American Bar Association (ABA) is urging Trump to amend the order, which requires federal agencies to encourage the private sector to ‘end illegal DEI discrimination’. The clash is just one front in a battle between the world’s largest voluntary professional association and the Trump administration. The ABA this week filed a lawsuit challenging the administration’s freeze on foreign assistance funding, which supports initiatives for training lawyers and judges.

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

The ABA has also condemned the administration’s attacks on judicial review after Trump’s adviser Elon Musk criticised a federal judge’s ruling. ‘These comments pose serious risks to our constitutional framework that separates power among three co-equal branches,’ the ABA said.

Portrait of William Bay

Bay: 'Sudden dismantling of USAID has real-world consequences'

Source: ABA

In a general statement about the Trump administration and the rule of law, the ABA said that: ‘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.’

The ABA claims more than 400,000 members. However, this amounts to less than one-third of the US legal profession.

Meanwhile, the UK is showing no signs of emulating the US by easing up on DEI policies. While Big Four firm Deloitte’s US arm is reportedly ‘sunsetting’ diversity initiatives, the accountancy giant’s UK arm is understood to have reaffirmed its commitment.

Meanwhile, telecoms giant BT said it has no plans to drop its policy of awarding a panel spot to the law firm with the best DEI record. BT told the Gazette that its 2027-2030 legal panel will offer an automatic place to the law firm that evidences the best DEI practices. 

 

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