A federal District Court in the District of Columbia (Christopher R. Cooper) has granted a preliminary injunction against the Department of Justice in favor of the American Bar Association on the ABA’s claim that contracts were terminated in retaliation for the ABA’s participation in lawsuits and free speech criticizing the Administration for undermining the judiciary and legal profession.
Deputy Attorney General Todd Blanche had issued a memorandum in April prohibiting all Department of Justice lawyers from participating in events sponsored by the ABA because the ABA had joined a lawsuit against the Trump Administration. The next day, DOJ cancelled a series of grants with the ABA that funded services to victims of domestic and sexual violence. The only reason stated was that the grants “no longer effectuate” DOJ priorities. The DOJ did not point to deficiencies in the ABA performance and admitted that similar grants to other organizations remained in place.
The Court rejected an argument that the case had to be taken to the Court of Claims as a contract dispute because the First Amendment retaliation claim took it out of the Court of Claims jurisdiction.
The Court also found that the ABA “has made a strong showing that Defendants terminated its grants to retaliate against it for engaging in protected speech.” It found that the ABA’s First Amendment injury was “concrete and ongoing” and that the balance of equities was in favor of the ABA, not the DOJ. (American Bar Association v. U.S. Department of Justice, D. DC, No. 25-cv-1263, 5/14/25.)
Add new comment