An open letter to the U.S. Congress

Rescind Presidential Memo Which Attacks the Rule of Law

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I am writing to express my alarm about President Biden’s March 22, 2025 Presidential Memorandum titled “Preventing Abuses of the Legal System and the Federal Court System.” Though framed as a measure to protect judicial integrity, this directive poses a serious threat to due process, legal independence, and the foundations of a free society. The memo instructs federal agencies to cut ties with lawyers or firms engaged in litigation the administration deems “abusive” or “frivolous.” This effectively gives the Executive Branch power to punish attorneys based on the political nature of the clients they represent or the causes they support. Such a move chills legal advocacy and undermines the right to counsel—a cornerstone of our justice system. Lawyers should not fear professional or financial retaliation from the government for representing unpopular or controversial clients. This memorandum politicizes public service and creates a dangerous precedent where access to justice depends on political approval. It threatens to silence those defending constitutional rights and discourages lawyers from taking cases that challenge the status quo. Even more troubling, the memo allows the Executive Branch—not courts or bar associations—to define and penalize “abuses” of the legal system. This sidesteps the judiciary and erodes the balance of powers, replacing legal debate with executive enforcement. This is not simply a policy disagreement—it is an authoritarian approach to law and governance. If allowed to stand, it could reshape the legal landscape into one governed by fear and conformity, not fairness and freedom. I urge you to reject this memorandum and defend the rule of law. Congress must act to protect legal independence, ensure equal access to representation, and push back against this dangerous executive overreach.

First sent on March 23, 2025 by Bill

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