04/01/2025
Well Said.
Massachusetts Bar Association’s Statement in Defense of the Rule of Law
The Massachusetts Bar Association is an organization of lawyers and judges who consider sacrosanct their duties and obligations as officers of the court. As members of the Massachusetts bar, we have taken oaths to support both the Massachusetts and United States Constitutions. Fundamental to these oaths is the respect for, and defense of, the rule of law; the impartiality and freedom of the practice of law; and the independence of our third branch of government: the judiciary. Each of these three fundamental components is now being undermined and outright attacked through a series of graduated and worsening executive actions.
The administration has targeted some of the world's most prominent law firms, seeking political retribution for the clients these law firms have represented. These executive orders and political actions against law firms have now reached Massachusetts, with Friday's executive order targeting WilmerHale. As many of us know, WilmerHale was the product of a merger with the storied Boston law firm, Hale and Dorr, which famously represented Richard Nixon at the height of his legal and political troubles. WilmerHale responded forcefully and immediately to the executive order by filing a complaint seeking an injunction and restraining order against the administration. The MBA stands with WilmerHale and applauds its courageous defense of the rule of law.
Our profession prides itself on its independence, its impartiality and its freedom to represent a client, any client, during that client's time of need. Under our Constitution, all people are entitled to retain competent legal representation and to have their day in court. Similarly, attorneys should be able to practice their trade without being subjected to unwarranted interference and political pressures. We find ourselves in a moment where the pride we all share for the rule of law must culminate in outspoken action.
The MBA condemns government political retribution against law firms in the strongest terms. This administration’s executive actions targeting law firms are unconstitutional and unethical and undermine one of our most sacred rights: the right to an attorney. We stand shoulder to shoulder with our Massachusetts law firms in condemning executive action that chills a client's right to legal representation.
The targeting of attorneys and law firms has come hand-in-hand with worsening and continuing attacks on the independence of the judicial branch of government. The administration has consistently undermined and outright ignored the full force and effect of judicial orders. Now, articles of impeachment have been filed against Chief Judge John McConnell Jr. of the U.S. District Court for the District of Rhode Island because he granted a temporary restraining order blocking this administration's federal funding freeze. The MBA condemns this action in the strongest terms and stands in full support of an independent judiciary.
We will not be silent. We call upon bar associations, law firms, and each practitioner to stand with us to support and defend the rule of law.
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