ABA Task Force Urges Lawyers To Take Oath Defending Democracy

The ABA’s Task Force for American Democracy recommends expanding attorney oaths to include commitments to democracy and the rule of law amid declining public trust.

Key points:

  • ABA task force calls for lawyers to pledge support for democracy and rule of law.
  • Recommendations include civics education, open primaries, and citizen-led redistricting.
  • Task force co-chaired by Jeh Johnson and J. Michael Luttig after two-year review.

The American Bar Association’s Task Force for American Democracy is urging that the oaths taken by U.S. lawyers include a formal pledge to uphold democracy and the rule of law. The proposal, released after a two-year review, comes amid growing concerns about public distrust in government institutions. Details of the report were published by Reuters.

Expanding attorney oaths is one of 12 recommendations put forward by the task force, which also called for greater investment in civics education, adoption of non-partisan primary elections, and the removal of redistricting powers from elected officials. The goal is to strengthen democratic norms and restore public faith in institutions that many Americans view with suspicion.

Jeh Johnson, former Secretary of Homeland Security and co-chair of the task force, said the recommendations reflect the urgency of countering declining trust. “Americans distrust their government,” Johnson noted. He added that political leaders often amplify that distrust, undermining confidence in the rule of law.

The task force, convened in 2023 by then-ABA President Mary Smith, was bipartisan in composition. Johnson served alongside J. Michael Luttig, a former federal appeals court judge appointed by Republicans. The ABA, while the nation’s largest voluntary association of lawyers with 170,000 members, does not control public policy. However, its advocacy carries weight within the legal profession and beyond.

Among the more far-reaching proposals is the push for independent redistricting commissions. “We have a situation now where the elected officials pick their voters,” Johnson said. “The voters should pick their elected officials.”

While the ABA’s recommendations will require legislative action at state and federal levels, the organization’s emphasis on lawyers’ unique role underscores its belief that the profession can act as a stabilizing force in a polarized political climate.

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