Justice Department to Stop Complying with ABA Ratings for Judicial Nominees

U.S. Department of Justice to Stop Complying with ABA Ratings for Judicial Nominees

On Thursday, the U.S. Department of Justice issued a formal notice to the American Bar Association (ABA), stating that it will no longer comply with the organization’s ratings process for judicial nominees. This decision, made by Attorney General Pam Bondi, marks the latest escalation in a long-standing legal dispute that has drawn sharp criticism from Republican lawmakers. The letter, previewed exclusively to Fox News, outlines the Department’s argument that the ABA’s ratings process is biased and disproportionately benefits nominees from Democratic administrations.

Bondi, in the letter, highlighted that the ABA has historically enjoyed special treatment and early access to nominee information. She noted that in some administrations, the ABA received notice of nominees before their public announcement, and in some cases, the decision to nominate an individual was influenced by the ABA’s ratings. This practice, according to the Justice Department, has created a system that is no longer equitable. Bondi emphasized that the Department will now treat the ABA like any other activist organization, without providing it with special privileges.

The decision to end the ABA’s exclusive access to judicial nominations follows a series of actions by Republican administrations in the past. The George W. Bush administration had previously ended the practice of giving the ABA a first look at nominees, and this trend was continued by the Trump administration during its first term. This new policy aligns with the broader Republican strategy to exert more control over the judicial nomination process and reduce the influence of the ABA, which has become a frequent target of criticism for its perceived political leanings.

The ABA, founded in the late 1800s, has grown into a major organization with over 400,000 members, representing legal professionals across the United States. However, it has faced increasing scrutiny and criticism from Republican lawmakers, particularly on the Senate Judiciary Committee. Senators such as Mike Lee, R-Utah, have previously criticized the ABA as a ‘radical left-wing advocacy group,’ accusing it of promoting so-called ‘woke initiatives’ and prioritizing diversity, equity, and inclusion (DEI) efforts over legal expertise. These criticisms have contributed to the growing tension between the ABA and the Republican-led Department of Justice.

Republican senators on the Senate Judiciary Committee have previously signaled their intent to disregard the ABA’s ratings system, and this latest move by the Department of Justice appears to be a direct response to those threats. The Department’s decision has been met with mixed reactions, with some legal experts expressing concern over the potential impact on the judicial nomination process and the role of the ABA in shaping the legal landscape. The situation remains under close scrutiny as it continues to develop.