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GOP Watchdog claims the American Bar Association’s amicus brief program is full of bias.

GOP Watchdog claims the American Bar Association's amicus brief program is full of bias.

Conservative watchdog groups are intensifying discussions around whether the American Bar Association (ABA) has shifted toward a more left-leaning political stance.

A report from America First Legal, an organization co-founded by Stephen Miller, a key advisor to former President Trump, claims that over the last decade, the ABA’s Standing Committee on Amicus and Curiae Briefs has produced 80% of claims that lean left-liberal, with only 20% being neutral or non-conservative. In all six instances where the ABA submitted court briefs related to Trump, they opposed him or his associates.

Throughout Trump’s second term, he has criticized the ABA, alleging that the organization is politicizing its certification authority and favoring Democratic candidates when evaluating judicial nominees. Given its significant size and longstanding presence, the ABA holds considerable influence in the legal sector. Yet, some conservatives express concerns that its increasing power might resemble a “monopoly.”

America First Legal’s press release underlined that the ABA requires board approval for amicus briefs, which are expected to align with the existing policies or tackle significant issues for the legal profession. The organization contested that topics like birthright citizenship, transgender medical treatment for minors, and Texas’ heartbeat law do not meet this criterion.

Fox News Digital attempted to obtain a comment from the ABA regarding these claims but did not receive a timely response.

The audit conducted by America First Legal, covering briefs from April 2016 to February 2026, identified 87 briefs in total. According to AFL, 70 of these supported liberal or progressive outcomes, while they encountered no representatives aligned with conservative views. The remainder of the briefs loosely touched on neutral issues like patent law litigation.

Moreover, every time the ABA filed briefs naming Trump officials, it consistently presented arguments against them.

Gene Hamilton, president of America First Legal, remarked that the ABA positions itself as an advocate for the legal profession and the rule of law. However, according to him, the statistics suggest otherwise. He pointed out that despite the ABA’s assertion of neutrality, more than 80% of briefs promote a progressive agenda, with a notable absence of conservative legal support in the last decade.

During Trump’s second term, his administration has taken steps to address perceived bias within the ABA. In February 2025, the Federal Trade Commission’s chairman declared a policy barring FTC political appointees from holding influential roles within the ABA or engaging in its events. This move was just the beginning. In May, Attorney General Pam Bondi communicated to the ABA’s president that the Justice Department would cease traditional collaborations in reviewing judicial candidates, stating the ABA had not corrected perceived biases in its ratings processes.

Additionally, in April, Trump signed an executive order targeting the ABA and similar authoritative bodies, warning that any unlawful discrimination would lead to a denial of federal recognition.

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