President Donald Trump walks from Marine One after arriving on the South Lawn of the White House, Tuesday, Sept. 30, 2025, in Washington (AP Photo/Alex Brandon).
The White House recently faced a setback in a legal battle over a First Amendment lawsuit that scrutinizes several executive orders aimed at major law firms. This development marks a significant moment in the ongoing clash between the federal government and the legal profession.
U.S. District Judge Amir H. Ali, appointed by President Joe Biden, issued a 21-page memorandum opinion and order, rejecting the government’s attempt to dismiss the lawsuit. The legal challenge was initiated by the American Bar Association (ABA), targeting orders from former President Donald Trump. These orders had sparked both agreements and opposition among influential law firms.
In June 2025, professional legal associations took legal action, alleging various First Amendment violations alongside breaches in the separation of powers. They described Trump’s directives as an “unlawful policy of intimidation against lawyers and law firms,” igniting a heated legal debate.
By August 2025, the government’s motion to dismiss the lawsuit, citing a lack of standing, was met with resistance. On Tuesday, the court firmly denied this motion, allowing the case to proceed.
Judge Ali, in his assessment of the case, indicated that the issues at hand were not particularly contentious, underscoring the strength of the arguments presented by the ABA. This ruling could have far-reaching implications for the interaction between government policies and the legal community.
At the outset of the opinion, the judge uses past tense to set the scene — and relay the procedural history in the litigation up to the present — in a light none too flattering for the government.
From the ruling, at length:
The American Bar Association (“ABA”) sues federal agencies and officials, alleging they adopted an unlawful, coordinated policy of sanctioning law firms and their lawyers for engaging in speech the government does not like. The government does not dispute that the ABA states valid claims of unlawful retaliation for protected speech and association, discrimination based on viewpoint, and interference with the right to petition the government, in violation of the First Amendment. The government instead argues that even if it was repeatedly violating the Constitution in these ways in the lead up to the complaint, the ABA has not plausibly alleged a policy that posed a realistic threat to the ABA or its members, and therefore the ABA has no injury and no ripe controversy under Article III of the Constitution.
“The court disagrees,” the judge goes on.
Rather, the ABA’s complaint levels numerous relevant allegations and “easily surpasses what Article III requires at this stage,” Ali found.
At this point, the case is not being considered on the merits. Instead, the motion to dismiss was argued on the basis of — and the court’s ensuing analysis considered — legal theories about “Article III standing.”
The government essayed an iteration of what is widely understood by legal scholars as “conservative standing doctrine.”
This judicial theory was created in two cases from the 1920s by conservative judges who sought to restrain the use and limits of constitutional redress. In other words, standing doctrine was created — and has over time been honed and sustained — to limit citizens from suing the government over perceived violations of their rights. While technically procedural in nature, as opposed to relying on underlying arguments in a dispute, standing arguments are fact-intensive.
Here, the Department of Justice says the ABA cannot, in the parlance of the doctrine, show they suffered an “injury in fact,” a necessary component to sustaining a lawsuit against the government.
To this end, the government pointed out that the ABA was not targeted by the executive orders coercing and punishing the firms. In its own motion, the DOJ argued the ABA’s members “are lawyers, not law firms,” and the executive orders “primarily target law firms.”
“That argument is unsound,” Ali muses. “As an initial matter, it is not clear why an injury to a lawyer through their partnership in a law firm would not count as a constitutional injury, and the government cites no authority for that proposition. And in any event, the executive orders do, by their terms, directly target lawyers.”
The court goes on to note that Trump’s orders purport to suspend security clearances held by individual attorneys at the disfavored firms and expressly “limit law firm employees’ access to federal government buildings, and restrict government employees acting in their official capacity from engaging with law firm employees.” The orders also direct agencies to refrain from hiring attorneys associated with the firms that refuse to deal with the government.
“Though it is true that each executive order detailed in the complaint has targeted law firms, it has done so by leveling at least some sanctions against those firms’ lawyers rather than the firm itself,” the opinion goes on.
Another argument made by the DOJ — and rejected by the court — is the idea that the ABA failed to articulate a realistic threat from the combined import of Trump’s executive orders.
The judge was particularly scathing in his estimation of this argument — and voluble in relaying the threat posed to ABA members.
Again, the court, at length:
Here, the complaint goes far beyond making a nebulous assertion of a policy; it sets forth thorough and specific allegations of a real and immediate threat of sanctions on ABA members for engaging in First Amendment activity disfavored by the administration. The complaint details a 14-week period in which the government issued five executive orders imposing the same four sanctions against five law firms, along with sections that described disfavored expression by lawyers at the firms, and induced settlements with at least nine major law firms, under threat of having sanctions levied against them.
The court goes on to note that the government’s failed claim that the ABA could not describe a “realistic threat” more or less dovetails with the argument about the similarly rejected member-firm dichotomy.
Tertiary and quaternary arguments raised by the government to try and defeat standing for the ABA involve the passage of time.
The government’s arguments more or less align here as well.
The DOJ argued the court should reject standing because no additional executive orders targeting law firms have been issued since the ABA sued. The DOJ went on to say the idea of sanctioning non-dealing law firms has since been abandoned.
Once again, the judge was simply not having it.
“[E]ven if the court could rely on the government’s assertion about events outside of and after the filing of the complaint, it would not bear on the standing or ripeness inquiries,” Ali goes on, rejecting the third argument.
The judge then says the fourth argument “too conflicts with the court’s obligation to credit the complaint’s well-pled allegations.”
“The complaint specifically alleges the government continued to issue executive orders and threaten sanctions despite court orders—indeed, as noted above, four of the executive orders and all nine settlements occurred after a court had already enjoined one of the executive orders as unlawful,” the opinion goes on. “The complaint alleges the administration continued to pursue its policy into June 2025, pointing to reporting just two weeks before the complaint was filed.”
A footnote offers the caveat that it will be the ABA’s “burden to show standing will continue as the litigation proceeds” and notes that “the government will have the opportunity to show the ABA does not meet the burden applicable at future stages.”
Still, standing questions were solidly answered in the ABA’s favor.
“The court accordingly concludes the ABA has plausibly alleged a substantial risk of injury to its members at the time of the complaint sufficient to establish standing and ripeness,” the opinion concludes.
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