The Justice Department has formally informed the American Bar Association (ABA) that it will no longer participate in the ABA’s judicial nominee ratings process, citing concerns over bias that allegedly favors candidates nominated by Democratic administrations, according to Fox News.
In a letter sent Thursday by U.S. Attorney General Pam Bondi to ABA President William R. Bay, previewed exclusively by Fox News, the DOJ announced it would end the ABA’s longstanding special access to judicial nominees. Bondi’s letter highlighted that, for decades, the ABA had enjoyed privileged treatment, including early notification of nominees and influence over nomination decisions based on its ratings.
“For several decades, the American Bar Association has received special treatment and enjoyed special access to judicial nominees,” Bondi said in the letter. “In some administrations, the ABA received notice of nominees before a nomination was announced to the public. Some administrations would even decide whether to nominate an individual based on a rating assigned by the ABA.”
From now on, however, the DOJ will treat the ABA as it does any other advocacy group, revoking its unique role in the judicial nomination process. The department will also discontinue the Office of Legal Policy’s practice of directing nominees to provide waivers for the ABA to access non-public information, such as bar records.
“Accordingly, while the ABA is free to comment on judicial nominations along with other activist organizations, there is no justification for treating the ABA differently from such other activist organizations and the Department of Justice will not do so,” the letter stated.
Bondi further stated that judicial nominees will no longer be required to complete ABA questionnaires or participate in interviews with the organization.
This move follows a letter earlier this year from several Republican senators on the Senate Judiciary Committee, who declared their intention to disregard the ABA’s ratings. The ABA, which has represented legal professionals since the late 1800s and now boasts over 400,000 members, has faced increasing criticism from Republicans. Detractors, including Sen. Mike Lee (R-Utah), have labeled the group a “radical left-wing advocacy group,” particularly objecting to its focus on diversity, equity, and inclusion initiatives.
This is not the first time a Republican administration has distanced itself from the ABA, according to Fox News. The administration of former president George W. Bush previously ended the ABA’s early access to nominees, and President Trump did the same during his first term.
