US president Donald Trump’s battle against ‘diversity, equity, inclusion and accessibility’ (DEIA) policies has sparked a new clash with the legal profession. Earlier this month, the country's largest professional body urged the president to modify an executive order which it said could lead to the prosecution of bar associations for advocating or implementing diversity policies.

The order, signed on 21 January, requires government agency to encourage the private sector to 'end illegal DEI discrimination'. A resolution from the Virgin Islands Bar Association, adopted at the ABA's mid-year meeting, states that the association 'opposes the investigation or prosecution of bar associations by the federal government for activities protected by the First Amendment [to the US Constitution], included, but not limited to, advocacy for or implentation of, diversity, equity and inclusion (DEI) or diversity, equity, inclusion and assessibility policies.'

On another front the ABA has condemned the administration's attacks on judicial review after Trump's adviser Elon Musk attacked 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.  

In an overall 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.’