Press Releases

Washington, D.C. - Congresswoman Mary Gay Scanlon (PA-05) today released the following statement on the Trump administration’s ongoing attacks on lawyers and access to justice.

“Over the past few weeks, the Trump White House has unleashed an unprecedented attack upon high-profile attorneys who serve our American system of justice. In a series of executive actions directed against private law firms, the President has attempted to dictate what cases lawyers and law firms may take in an effort to prevent them from representing clients or causes in opposition to the President and his agenda, and punish those who dare to do so. We unequivocally condemn this despicable attempt to undermine our justice system and urge all those who would uphold the rule of law to do the same.

The Trump White House has issued a series of orders and announcements targeting specific law firms because of their relationship to attorneys who have represented the president’s political opponents, opposed his administration's actions, or aided efforts to hold him accountable. These memoranda suspend security clearances and restrict access to federal officials, buildings and contracts for lawyers at those firms, and strip them of substantial legal and financial interests.

On March 22, 2025, the White House expanded its attack on the legal profession, particularly law firms that have been historic champions of access to justice and the rule of law. In a memorandum entitled “Preventing Abuses of the Legal System and Federal Courts,” the White House made a number of unsubstantiated complaints of unethical conduct by those law firms and directed the Attorney General to take significant retaliatory actions against them.

The March 22 memorandum is a radical power grab intended to chill the willingness of law firms and lawyers to take on clients with interests adverse to the federal government or this Administration’s priorities. In essence, the Administration seeks to reserve to itself the ability to decide who deserves to be represented and who may oppose the government. This is truly un-American. The Administration’s actions run counter to bedrock principles of the American legal system and violate the U.S. Constitution.

With its March 22 memorandum, the White House claims that this Administration has the arbitrary right and power to determine whether lawyers challenging the Administration’s actions have committed misconduct and to sanction those lawyers. Ordinarily, the courts determine whether a lawyer has behaved improperly in bringing a case without legal or factual foundation, and if so, what penalty must be assessed.

The White House directive completely removes the courts from that process, giving the Administration yet another tool to intimidate lawyers who might challenge its actions. Commentators across the political spectrum have condemned this abuse of power, with Walter Olson of the Cato Institute declaring, “only a fool or aspiring tyrant would propose leaving the determination of guilt and penalty to the discretion of the state as the opposing party.”

Private law firm pro bono lawyers, along with public defenders and civil legal aid organizations, are critical to ensuring access to justice for everyone, regardless of their wealth or popularity. As one of the firms challenging the White House immigration policies stated, “[o]ur liberties depend on lawyers’ willingness to represent unpopular people and causes, including in matters adverse to the Federal Government. An attack on lawyers who perform this work is inexcusable and despicable. Our profession owes every client zealous legal representation without fear of retribution, regardless of their political affiliation or ability to pay.”

This Administration’s attempts to intimidate lawyers who have been historically willing to undertake the costly and time-consuming work of ensuring access to justice in difficult cases stands in stark contrast to prior Administrations which understood that our justice system only works when everyone has access to representation.  

This White House has chosen, instead, to undertake a grotesque attack on the fundamental right of access to justice. In some ways this is not surprising. By constitutional design, Congress should act as a check and balance upon the type of lawless overreach undertaken by this Administration. But with the transformation of the Republican Party into a MAGA cheering section, this Republican-led Congress is failing to meet its Article I duties. Therefore, the courts and lawyers have acted as the primary defense against lawless executive action, and doing so successfully in the vast majority of the hundreds of cases brought to date.  

However, the Administration’s campaign has already begun to achieve its intended purpose: to intimidate or punish lawyers who might represent those seeking to challenge its policies or hold its members accountable. Lawyers and law firms that traditionally represented nonprofits and public figures in matters challenging the federal government are being silenced with fear of retribution. Targeted law firms are declining to represent clients or causes disfavored by the Administration, and some have agreed to provide millions of dollars of free legal services to support the Administration’s agenda, in order to avoid its ire.

Authoritarian regimes frequently target those who defend the rule of law and would oppose a regime's abuse of power: lawyers, universities, civil society, and independent media. Until this Administration, such a grotesque abuse of power would have been unthinkable in America.

We must stand united against the White House’s efforts to deny access to justice to those most at risk - those who cannot afford a lawyer and, especially, those with the guts to stand up against this Administration's blatant violations of the Constitution, due process, and human rights. All those who have sworn an oath to protect and defend the Constitution must condemn the Administration’s actions and resist this erosion of the rule of law.

We are encouraged by the growing resistance to the profound threat to our judicial system posed by this Administration. Several law firms targeted by the White House have sued to challenge its actions. More than 1800 junior lawyers at some of the nation’s most prestigious firms have signed a letter calling upon their firms to condemn the White House intimidation. The American Bar Association and many regional bar associations have spoken out against the White House actions, as have nearly 80 law school deans and prominent jurists.

Now is the time when all lawyers, law firms, judges, law schools, bar associations, and elected officials must collectively defend the rule of law and oppose these despicable attempts to undermine it. We must resist the Administration’s efforts to divide those who would hold it to account or protect the rights of Americans.  

Democracy dies, not only in darkness, but with acquiescence in the face of tyranny.”

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