The Justice Department (DOJ) formally informed the American Bar Association (ABA) on Thursday that it will no longer adhere to its process for rating judicial nominees. This decision stems from the DOJ’s assertion that the ABA employs a biased system that consistently favors nominees from Democratic administrations.
In a letter exclusively previewed to Fox News and sent by U.S. Attorney General Pam Bondi to ABA President William R. Bay, the DOJ outlined its reasons for ending the decades-long practice. Attorney General Bondi stated that the ABA has received preferential treatment and access to judicial nominees for several decades, noting instances where the ABA was notified of nominees before public announcement and situations where administrations based nomination decisions on ABA ratings.
The DOJ letter indicated that the department will no longer grant the ABA this “special treatment” and early access. This revokes the established precedent where the ABA interviewed and vetted potential candidates for the DOJ team. Attorney General Bondi emphasized that while the ABA is free to comment on judicial nominations like other activist organizations, the DOJ sees no justification for treating the ABA differently and will cease doing so.
The DOJ also terminated an Office of Legal Policy directive that required judicial nominees to provide waivers granting the ABA access to non-public information, including bar records. Furthermore, Attorney General Bondi stated that nominees will no longer be required to respond to ABA questionnaires or participate in interviews with the organization.
The Trump administration’s decision to exclude the ABA from the judicial nomination process follows similar sentiments expressed by several Republican senators on the Senate committee responsible for vetting judicial nominees. Earlier this year, these senators communicated to the ABA their intention to disregard its rating system.
The ABA, founded in the late 1800s, has grown into a large organization with a membership exceeding 400,000 legal professionals. However, it has faced criticism from Republicans, including members of the Senate Judiciary Committee. Senator Mike Lee (R-Utah) has previously described the ABA as a “radical left-wing advocacy group.” He and other committee members have criticized the ABA for its embrace of “woke initiatives,” including its emphasis on diversity, equity, and inclusion (DEI) efforts across its various activities.
This is not the first instance of a Republican administration distancing itself from the ABA. The George W. Bush administration also ended the practice of providing the ABA with an initial review of judicial nominees, a policy President Trump also discontinued during his first presidential term.
Fox News Digital has reached out to the American Bar Association for comment on this development.
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