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Sunday, Jun 01, 2025
Outside the box.
U.S. Justice Department Reduces American Bar Association's Role in Judicial Nominations
Attorney General Pam Bondi announces limitations on the ABA's involvement in vetting federal judicial nominees, citing concerns over impartiality.
On May 29, 2025, the U.S. Department of Justice, led by Attorney General Pam Bondi, announced a significant reduction in the American Bar Association's (ABA) role in the federal judicial nomination process.
The Department will no longer permit President Donald Trump's judicial nominees to respond to ABA questionnaires or grant the organization access to their bar records.
This decision builds upon the 2017 policy change that ended the practice of pre-nomination evaluations by the ABA.
Attorney General Bondi stated that the ABA no longer functions as a fair evaluator of nominees' qualifications, alleging that its ratings favor candidates proposed by Democratic administrations.
The ABA has traditionally rated judicial nominees based on professional competence, integrity, and judicial temperament, categorizing them as "Well Qualified," "Qualified," or "Not Qualified."
The announcement coincided with President Trump's nomination of six new judicial candidates, including Emil Bove, a former Justice Department official who previously served as his criminal defense lawyer.
Bove has been nominated to the 3rd U.S. Circuit Court of Appeals.
During Trump's first term, the ABA rated ten of his nominees as "Not Qualified," fueling conservative criticisms of bias within the organization.
In addition to curtailing the ABA's role in judicial nominations, the Justice Department has also challenged the ABA's diversity requirements for law school accreditation.
In a letter dated February 28, 2025, Attorney General Bondi urged the ABA to immediately repeal its Standard 206, which mandates that law schools demonstrate a commitment to diversity and inclusion.
Bondi argued that such requirements constitute unlawful race and sex discrimination.
The ABA had previously suspended enforcement of Standard 206 until August 31, 2025, to review proposed changes in light of recent legal developments.
The ABA, serving as the federally recognized accreditor of U.S. law schools since 1952, has faced increasing scrutiny from the current administration.
In April 2025, the ABA filed a lawsuit against the Justice Department, claiming that the termination of 3.2 million dollars in federal grants was retaliatory, following the organization's public criticism of the administration's policies.
The grants were used to train lawyers representing victims of domestic and sexual violence.
The ongoing tensions between the Justice Department and the ABA reflect broader debates over the role of independent organizations in the judicial nomination process and legal education standards.
The Department will no longer permit President Donald Trump's judicial nominees to respond to ABA questionnaires or grant the organization access to their bar records.
This decision builds upon the 2017 policy change that ended the practice of pre-nomination evaluations by the ABA.
Attorney General Bondi stated that the ABA no longer functions as a fair evaluator of nominees' qualifications, alleging that its ratings favor candidates proposed by Democratic administrations.
The ABA has traditionally rated judicial nominees based on professional competence, integrity, and judicial temperament, categorizing them as "Well Qualified," "Qualified," or "Not Qualified."
The announcement coincided with President Trump's nomination of six new judicial candidates, including Emil Bove, a former Justice Department official who previously served as his criminal defense lawyer.
Bove has been nominated to the 3rd U.S. Circuit Court of Appeals.
During Trump's first term, the ABA rated ten of his nominees as "Not Qualified," fueling conservative criticisms of bias within the organization.
In addition to curtailing the ABA's role in judicial nominations, the Justice Department has also challenged the ABA's diversity requirements for law school accreditation.
In a letter dated February 28, 2025, Attorney General Bondi urged the ABA to immediately repeal its Standard 206, which mandates that law schools demonstrate a commitment to diversity and inclusion.
Bondi argued that such requirements constitute unlawful race and sex discrimination.
The ABA had previously suspended enforcement of Standard 206 until August 31, 2025, to review proposed changes in light of recent legal developments.
The ABA, serving as the federally recognized accreditor of U.S. law schools since 1952, has faced increasing scrutiny from the current administration.
In April 2025, the ABA filed a lawsuit against the Justice Department, claiming that the termination of 3.2 million dollars in federal grants was retaliatory, following the organization's public criticism of the administration's policies.
The grants were used to train lawyers representing victims of domestic and sexual violence.
The ongoing tensions between the Justice Department and the ABA reflect broader debates over the role of independent organizations in the judicial nomination process and legal education standards.
