Federal Trade Commission (FTC) Chair Andrew Ferguson issued a decree on Friday prohibiting the agency's political appointees from holding leadership positions in the American Bar Association (ABA). Ferguson's order also bars appointees from renewing their ABA memberships and speaking at, or even merely attending, the association's events.
Founded in 1878, the ABA is a national organization of law students, lawyers, and judges dedicated to serving the public by "defending liberty and delivering justice as the national representative of the legal profession." Though membership is voluntary, law schools' compliance with ABA educational standards is not: Law schools must abide by the curriculum requirements set by the ABA, including education "on bias, cross-cultural competency, and racism" after matriculation and once more before graduation, to grant the degree of Juris Doctor. Noncompliant schools are subject to hearings and ultimately removal of accreditation.
In his letter to FTC staff, Ferguson accuses the ABA of engaging in "partisan advocacy on behalf of Democrats" by including diversity, equity, and inclusion requirements in law school curricula, releasing "biased ratings of Republican judicial nominees," and issuing "consistently leftist amicus advocacy on nearly every major social issue." Citing a recent statement made by ABA President William Bay as "a collection of Democrat political talking points," the chairman argues the ABA is ignoring President Donald Trump's efforts to "protect future generations from…profligacy." Notably, the ABA is an association of lawyers, not economists, and rightly concerns itself with violations of the rule of law—not fiscal irresponsibility.
