ABA reaffirms support for rule of law following Trump executive orders News
Tony Webster, CC BY-SA 4.0, via Wikimedia Commons
ABA reaffirms support for rule of law following Trump executive orders

The American Bar Association (ABA) released a statement reaffirming its support for the rule of law Monday following a series of controversial executive orders from US President Donald Trump which critics say breach the constitutional separation of powers and violate due process.

In the statement, the ABA emphasized that the rule of law “means holding governments, including our own, accountable under law. We stand for a legal process that is orderly and fair.” The comments come on the heels of a series of lawsuits against the federal government alleging serious infringements of the rule of law following Trump’s executive orders. Trump’s actions include directives limiting birthright citizenship and asylum claimant protections, as well as another significantly slashing US foreign aid programs.

Specifically, the ABA identifies the president’s refusal to spend money already delegated by Congress “under the euphemism of a pause” as being especially problematic as it would knowingly undermine the division of powers between the executive and congressional branches set out within the US Constitution.

The ABA advised elected representatives to insist on adherence to the rule of law and abiding by the processes necessary to ensure an “orderly change” from one administration to the next and emphasized that no administration is above the rule of law. Nonetheless, the statement simultaneously emphasized that the ABA does not “oppose any administration.” “Instead, we remain steadfast in our support for the rule of law,” the ABA continued.

The rule of law underpins the US constitutional order as well as international law. The preamble to the UN Universal Declaration of Human Rights states in part, “it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.” Similarly, much of the rights set out within the later articles of the declaration emphasize the rights of individuals to a fair trial, equality before the law, and freedom from unjust or arbitrary government intervention.

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