December 2017
ABA Letter in Support of H.R. 4461 and S. 2172, the COURTS Act
On December 20, the ABA sent a letter to Senate and House leaders urging them to reauthorize the Court Improvement Program (CIP) through the COURTS Act. CIP is a critical bipartisan initiative that improves legal processes in the child welfare system and provides the only direct federal funds to child welfare courts throughout the country. Read more...
ABA Letter in Support of Children’s Health Insurance Program Reauthorization
On December 18, the ABA sent a letter to the Senate and House leaders reaffirming support for reauthorization of the Children’s Health Insurance Program (CHIP). Read more...
ABA Urges Conferees for H.R. 1 to Apply Pass-Through Tax Reductions to Professional Service Businesses
On December 13, ABA President Hilarie Bass sent a letter to the House and Senate conferees for H.R. 1, the “Tax Cuts and Jobs Act,” urging them include in the final legislation the Senate’s version of pass-through business tax relief. The ABA’s letter also urged the conferees to apply the tax relief to all pass-through entities—including law firms and all other types of professional service businesses—on an equal, non-discriminatory basis. Read more…
ABA Letter in Support of Essential Funding for Democracy, Rights, and Governance Programming in FY18 Appropriations
On December 7, ABA President Hilarie Bass sent a letter to the Chairmen and Ranking Members of the House and Senate Appropriations Committees urging them to keep essential funding for democracy, rights, and governance programming in the FY2018 Department of State, Foreign Operations and Related programs bill and the supplemental appropriations request. Read more...
ABA Letter to Russian Deputy Minister of Justice Regarding Liberalized Legal Services Markets
On December 5, the ABA sent a letter to Russian Deputy Minister Denis Novak urging him to take various issues into account as he considers any revisions to the rules enabling foreign law firms to practice in Russia. The ABA has long supported liberalized legal services markets, both in the United States and abroad, as a means to enhance the ability of lawyers and law firms to serve their clients effectively through cross-border practice. Read more...
November 2017
ABA Letter to Attorney General Sessions Urging Diversity in U.S. Attorney Candidates
On November 30, ABA President Hilarie Bass sent a letter to Attorney General Jeff Sessions asking him to urge Senators to take diversity into consideration when proposing candidates to President Trump for nomination to become U.S. attorneys. By taking an active role in the process, Attorney General Sessions would help ensure that the cadre of U.S. Attorneys appointed in this administration is more reflective of the legal profession. Read more...
ABA Letter in Support of Student Loan Interest Tax Deduction
On November 28, the ABA sent a letter to the Chairman and Ranking Member of the House Committee on Ways and Means as well as the Chairman and Ranking Member of the Senate Finance Committee supporting the student loan interest tax deduction. The letter urged that the deduction be retained in the final Tax Cuts and Jobs Act. Read more...
ABA Opposes Legislation Imposing Beneficial Ownership Reporting Requirements on Small Businesses and Their Lawyers
On November 27, ABA President Hilarie Bass sent a letter to the leaders of the House Financial Services Committee expressing concerns over provisions in the draft “Counter Terrorism and Illicit Finance Act” that would require small companies and many of their lawyers to submit extensive information about the companies’ “beneficial owners” to the Treasury Department and that would require the Department to disclose the information to many other federal and foreign governmental agencies and financial institutions upon request. The ABA’s letter opposing the burdensome legislation was submitted for the record of a joint subcommittee hearing on “Legislative Proposals to Counter Terrorism and Illicit Finance” scheduled for November 29. Read more...
ABA Letter Regarding Minnesota Supreme Court Proposed Amendments to the Minnesota Rules of Civil Procedure
On November 17, ABA President Hilarie Bass sent a letter to the Minnesota Supreme Court regarding comments on proposed amendments to the Minnesota Rules of Civil Procedure. Currently, 22 states have rules or legislation for unclaimed, undistributed funds in state class-action lawsuits (cy pres) to be donated to legal services organizations. This letter supports the petition filed by the Minnesota State Bar Association urging Minnesota to adopt such a rule. In August of 2016, the ABA House of Delegates adopted Resolution 104 urging states, localities, territories, and tribes to adopt court rules or legislation authorizing the award of class action residual funds to non-profit organizations that improve access to civil justice for persons living in poverty. Read more...
ABA Supports H.R. 1849, the Practice of Law Technical Clarification Act
On November 16, ABA President Hilarie Bass sent a letter to the leaders of the House Financial Services Committee and the House Judiciary Committee urging them to support prompt passage of H.R. 1849, the Practice of Law Technical Clarification Act of 2017. The legislation would restore traditional state court regulation and oversight of the legal profession by exempting creditor lawyers engaged in litigation activities from the Fair Debt Collection Practices Act and from the Consumer Financial Protection Bureau’s regulatory jurisdiction under the Dodd-Frank Act. Read more...
ABA Letter in Support of Congressional Action on DACA
On November 1, 2017, ABA President Hilarie Bass sent a letter to leadership in both the House and Senate urging congressional action to address the plight of the young persons impacted by the Administration’s decision to terminate the Deferred Action for Childhood Arrivals (DACA) program. Read more...
October 2017
ABA Letter in Support of Clemency Consideration for Jack Greene
On October 25, 2017, ABA President Hilarie Bass sent a letter to Honorable Asa Hutchinson, Governor of Arkansas, in support of clemency consideration for mentally-ill death-row inmate Jack Greene. Read more...
ABA Letter in Support of H.R. 1795
On October 25, 2017, the ABA sent a letter to the Chairmen and Ranking Members of the House Judiciary Committee, House Financial Services Committee, and House Energy and Commerce Committee in support of H.R. 1795, the DUE PROCESS Act of 2017. The ABA commends Representative Sensenbrenner for leading a bipartisan effort to address due process concerns in civil asset forfeiture cases. H.R. 1795 takes several important steps to improve current procedures including specific notice requirements, representation rights, and burden-of-proof standards, and the ABA urges these committees to move the bill forward. Read More...
ABA Letter in Support of H.R. 2899
On October 18, 2017, ABA President Hilarie Bass sent a letter to the Chairman and Ranking Member of the House Judiciary Committee expressing the ABA's support of H.R. 2899, the Second Chance Reauthorization Act of 2017. The ABA believes that reauthorization of this Act is essential to continuing the evidence-based and cost-effective support for programs that have improved reentry from prisons, jails, and juvenile facilities, reduced recidivism, and increased public safety. Read more...
September 2017
ABA Letter in Opposition to Graham-Cassidy-Heller-Johnson Healthcare Reform
On September 25, 2017, the ABA sent a letter to the Chairman and Ranking Member of the Senate Finance Committee expressing its opposition to the Graham-Cassidy-Heller-Johnson proposal. The letter specifically expressed concerns regarding what the proposal would do to Medicaid, opposing structural or financial changes in the Medicaid program that would weaken the current entitlement nature of the program or the shared legal obligation that the federal and state governments have to provide comprehensive benefits to all individuals who meet eligibility criteria. Read more...
ABA Letter Urging State Department to Continue to Prioritize Promotion of Democracy, Human Rights, Justice, and Rule of Law
On September 14, 2017, ABA President Hilarie Bass sent a letter to Secretary of State Tillerson urging the State Department to continue to prioritize the promotion of democracy, human rights, justice, and the rule of law in its diplomacy and development assistance. The letter also thanks the Secretary for his recent decision to maintain the role of the Ambassador-at-Large for Global Criminal Justice and urges sustained support for this mandate and others aimed at advancing human rights and the rule of law through the work of the Department. Read more...
ABA Letters in Support of H.R. 1809 and S. 860
On September 5, 2017, President Bass sent letters to the House Education and the Workforce Committee and the Senate Judiciary Committee regarding H.R. 1809, the "Juvenile Justice Reform Act of 2017" and S. 860, the "Juvenile Justice and Delinquency Prevention Reauthorization Act of 2017." The ABA strongly supports JJDPA, which has provided states and localities with federal standards and support for improving juvenile justice and delinquency prevention practices and contributed to safeguards for youth, families, and communities for more than 40 years. Read the House letter here and the Senate letter here.
August 2017
ABA Submits Comments on Final Rule for the Adoption and Foster Care Analysis Reporting System
On August 29, 2017, the ABA submitted comments to the Administration for Children and Families in the Department of Health and Human Services regarding the Final Rule for the Adoption and Foster Care Analysis Reporting System (AFCARS). Read more...
ABA Letters in Support of H.R. 1437 and S. 1593
On August 25, 2017, the ABA sent letters to the Chairmen and Ranking Members of the House and Senate Judiciary Committees supporting H.R. 1437, "No Money Bail Act of 2017" and S. 1593, "Pretrial Integrity and Safety Act of 2017." The ABA supports efforts to replace the use of payment of money bail as a condition of pretrial release in criminal cases, and urges the Committees' support for these two bills. Read the House letter here and the Senate letter here.
ABA Opposes Restructuring the 9th Circuit
Patricia Lee Refo submitted a statement on behalf of the ABA to the Senate Judiciary Subcommittee on Privacy, Technology and the Law for its August 24 field hearing in Phoenix, AZ, titled "Rebooting the Ninth Circuit: Why Technology Cannot Solve its Problems." Contrary to the hearing title, the ABA believes that technological and procedural innovations have enabled the Ninth Circuit to handle caseloads efficiently and maintain a coherent and consistent body of law. Furthermore, the ABA adopted policy last month reaffirming its opposition to restructuring the Ninth Circuit. Read more...
ABA Letter in Opposition to DHHS CMS Proposed Rule
On August 7, 2017, the ABA sent a letter to the Department of Health and Human Services' Centers for Medicare and Medicaid in opposition of their proposed rule. The ABA opposes the use of binding forms of alternative dispute resolution involving residents in disputes with long-term care facilities unless the parties agree to do so voluntarily and knowingly after a dispute arises. Read more...
ABA Supports Proposed Rescission of 2016 Changes to DOL “Persuader Rule”
On August 4, the ABA submitted a comment letter to the U.S. Department of Labor supporting its proposal to rescind the 2016 changes to the “Persuader Rule.” In the letter, the ABA reiterated its opposition to the 2016 rule, which requires many labor lawyers and law firms representing employers to report confidential client information to the government. Read more...
July 2017
ABA Letter on Affordable Care Act Repeal
On July 24 2017, the ABA sent a letter to the Senate expressing concerns about pending legislation that would repeal the Affordable Care Act (ACA). In the letter, the ABA urges the Senate to maintain strong support for Medicaid and oppose structural or financial changes in the Medicaid program that would weaken the current entitlement nature of the program or the shared legal obligation that the federal and state governments have to provide comprehensive benefits to all individuals who meet eligibility criteria. Read more...
ABA Letter Thanking Chairman Culberson for Comments on LSC During Full Committee Markup on CJS FY2018
On July 20, 2017, ABA President Linda Klein sent a letter to the Chairman of the Commerce, Justice, Science Subcommittee in the House of Representatives Appropriations Committee. In the letter, President Klein thanked Chairman Culberson for his comments at the full committee markup about the importance of the Legal Services Corporation (LSC) and its work and funding. Read more...
June 2017
ABA Letter Expressing Concerns Regarding the Case of Virginia Death-Row Inmate William Morva
On June 28, 2017, ABA President Linda Klein sent a letter to the Honorable Terence R. McAuliffe, Governor of the Commonwealth of Virginia, expressing concerns regarding the case of Virginia death-row inmate William Morva, who is scheduled to be executed on July 6 and whose petition for executive clemency is now before the Governor’s Office. Read more...
ABA Letter in Support of the Library of Congress’s FY2018 Budget Request
On June 19, 2017, the ABA sent a letter to the Chairman and Ranking Member of the Subcommittee on the Legislative Branch of the Senate Committee on Appropriations in support of the Library of Congress’s FY2018 budget request. Read more...
ABA Opposes H.R. 495, the Protection of Children Act of 2017
On June 14, 2017, the ABA sent a letter to the House Judiciary Committee expressing its opposition to H.R. 495, the Protection of Children Act of 2017. Read more...
ABA Supports H.R. 584 the Cyber Preparedness Act of 2017
On June 13, 2017, the ABA sent a letter to Senate Homeland Security and Governmental Affairs Committee Members urging them to support H.R. 584, the Cyber Preparedness Act of 2017. Read more...
ABA Opposes H.R. 1215, the Protecting Access to Care Act of 2017
On June 12, 2017, the ABA sent a letter to all House Members urging them to oppose H.R. 1215, the Protecting Access to Care Act of 2017. Read more...
May 2017
ABA Letter in Support of the Patient Choice and Quality Care Act of 2017
On May 31, 2017, the ABA sent a letter to Senators Isakson and Warner and Representatives Roe and Blumenauer commending them for their bipartisan leadership on legislation giving patients and health care providers clearer directives for quality care. Read More..
ABA Letter Urging Passage of H.R. 2266
On May 16, 2017, the ABA sent a letter to the House of Representatives urging passage of H.R. 2266, legislation that would convert 14 existing temporary bankruptcy judgeships to permanent status and authorize four new permanent bankruptcy judgeships. Read more...
ABA Testifies in Support of LSC Funding
On May 12, 2017, ABA President Linda Klein submitted the attached testimony to the U.S. Senate Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies in support of funding for the Legal Services Corporation (LSC). The testimony emphasizes the federal role in justice for all, recommends against placing an unfunded mandate for legal services on states and localities, and notes the complementary role legal services plays for the Congressional offices’ constituent services representatives. Read more...
ABA Letter in Support of Action on H.R. 2266
On May 9, 2017 the ABA sent a letter to the Chairman and Ranking Member of the House Judiciary Committee commending the Committee's swift action on H.R. 2266, ABA-supported legislation that would convert 14 existing temporary bankruptcy judgeships to permanent status and authorize four additional permanent judgeships in districts where there are too few judges to handle the persistently high number of bankruptcy filings. Read more...
ABA Urges DHS to Preserve Attorney-Client Privilege and Client Confidentiality During Border Searches of Lawyers’ Electronic Devices
On May 5, 2017, ABA President Linda Klein sent a letter to the Department of Homeland Security (DHS) expressing concerns over standards that permit U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) officers to search and review the content of lawyers’ laptop computers, cell phones, and other electronic devices at U.S. border crossings without any showing of reasonable suspicion. The ABA also asked DHS to modify and clarify the relevant CBP and ICE policies to state that when a lawyer is traveling across the border with an electronic device containing privileged or confidential electronic documents, those documents cannot be read, duplicated, seized or shared - unless the officer first obtains a subpoena based on reasonable suspicion or a warrant supported by probable cause. Read more…
ABA Letter in Support of the Library of Congress’s FY2018 Budget Request
On May 3, 2017, the ABA sent a letter to the Chairman and Ranking Member of the Subcommittee on the Legislative Branch of the House Committee on Appropriations in support of the Library of Congress’s FY2018 budget request. Read more...
April 2017
ABA Testifies in Support of LSC Funding
In support of Legal Services Corporation funding, ABA President Linda Klein submitted the attached testimony to the U.S. House of Representatives Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies, emphasizing the federal role in justice for all, recommending against placing an unfunded mandate for legal services on states and localities, and noting the complementary role legal services plays for the Congressional offices’ constituent services representatives. Read more...
ABA Reiterates Opposition to Harmful Tax Proposals Affecting Law Firms
On April 21, ABA President Linda Klein sent letters to the leaders of the House Ways & Means Committee and the Senate Finance Committee urging them to oppose proposals that would require many law firms and other personal service businesses to switch from the simple cash method of accounting to the more complex and costly accrual method. If enacted, the proposals would cause substantial financial hardship to many lawyers, law firms, and other personal service businesses by forcing them to pay tax on income long before it is actually received. Read the House committee letter here. Read the Senate committee letter here.
ABA President Expresses Concern About Arkansas Execution Schedule
On April 11, 2017, ABA President Linda Klein sent a letter to the Governor of Alabama, Asa Hutchinson, expressing concern that the upcoming Arkansas execution schedule could potentially undermine due process and impede adequate legal representation in the individual cases. Read more....
March 2017
ABA President Response Letter Regarding AMA Resolution on Attorney Advertising
On March 23, 2017, ABA President Linda Klein sent a response to the Chair of the House Judiciary Committee regarding an American Medical Association resolution on attorney advertising. Read more…
ABA Testifies on the Nomination of the Honorable Neil M. Gorsuch to be Associate Justice of the Supreme Court of the United States
On March 23, 2017, the ABA Standing Committee on the Federal Judiciary will be testifying before the Senate Judiciary Committee concerning the nomination of the Honorable Neil M. Gorsuch to be Associate Justice of the Supreme Court of the United States. Read more...
ABA Supports the Maryland Fair Access to Education Act of 2017
On March 22, 2017, the ABA sent letters to the Chairs and Vice Chairs of the Maryland House Appropriations and Senate Education, Health, and Environmental Affairs Committees regarding the Fair Access to Education Act (S.B. 543, H.B. 694). The ABA expressed its strong support for efforts to prohibit state-funded institutions of higher education from considering a person’s criminal history during the admissions process except in specific circumstances. Read the Senate letter here. Read the House letter here.
ABA Letter in Support of Educational Needs for Foster Youth
On March 17, 2017, the ABA sent a letter to the House Committee on Education and the Workforce urging the Committee to retain mechanisms for students to report their status as homeless or in foster care to ensure they are considered “independent” for purposes of financial aid calculations. Read more...
ABA Opposes Current Legislative Efforts to Restructure the Ninth Judicial Circuit
The ABA submitted written testimony to the House Judiciary Committee for hearing on March 16, 2017 opposing current legislative efforts to restructure the Ninth Judicial Circuit. Read more...
ABA Opposes H.R. 720, the Lawsuit Abuse Reduction Act of 2017
On March 7, 2017, the ABA sent a letter to the House opposing H.R. 720, the Lawsuit Abuse Reduction Act of 2017. Read more...
ABA Opposes H.R. 985, the Fairness in Class Action Litigation Act of 2017
On March 6, 2017, the ABA sent a letter to the House opposing H.R. 985, the Fairness in Class Action Litigation Act of 2017. Read more...
ABA Testifies in Support of South Carolina House Bill 3538, the Persons with Disabilities Right to Parent Act
On March 2, 2017, the ABA testified before the South Carolina House of Representatives Subcommittee on General Laws in support of H. 3538. The Persons with Disabilities Right to Parent Act would safeguard the right of people with disabilities to parent and have custody of, or visitation with, a child by prohibiting discrimination solely on the basis of disability. Read more...
ABA Supports S. 178, the Elder Abuse Prevention and Prosecution Act
On March 1, 2017, the ABA sent a letter to the Senate Judiciary Committee expressing the ABA’s support of S. 178, the Elder Abuse Prevention and Prosecution Act. Read more…
February 2017
ABA Opposes H.R. 1215, the Protecting Access to Care Act of 2017
On February 27, 2017, the ABA sent a letter to the Chair and Ranking Member of the House Judiciary Committee expressing the ABA’s opposition to H.R. 1215, the Protecting Access to Care Act of 2017. Read more…
ABA Urges Governor Cuomo to Support Independent Oversight of New York’s Public Defense System
On February 24, 2017, ABA President Linda Klein sent a letter to New York Governor Andrew Cuomo, urging the development of a bill in which the state both guarantees independent oversight and funds basic expenses and quality improvements for local public defense programs. Read more…
ABA Opposes H.R. 985, the Fairness in Class Action Litigation Act of 2017
On February 14, 2017, the ABA sent a letter to the Chairman of the Judiciary Committee opposing H.R. 985, the Fairness in Class Action Litigation Act of 2017 because it would circumvent the Rules Enabling Act and unduly limit utilization of class actions to resolve disputes. Read more...
ABA Testifies on Death Penalty for Defendants with Mental Illness
On February 13, 2017, the ABA submitted the written testimony of Richard L. Travis for a hearing on House Bill 1099 before the House State Affairs Committee of the South Dakota Legislature. H.B. 1099 would prohibit the death penalty from being imposed upon a defendant with a severe mental illness. Read more...
ABA Opposes H.R. 720, the Lawsuit Abuse Reduction Act of 2017
On February 1, 2017, the ABA sent a letter to the Chair and Ranking Member of the House Judiciary Committee expressing the ABA’s opposition to H.R. 720, the Lawsuit Abuse Reduction Act of 2017. Read more…
January 2017
ABA Recommends Changes to Rule 47(a) of the Federal Rules of Civil Procedure
On January 31, 2017, the ABA sent a letter to the Advisory Committee on Civil Rules recommending that Fed. R. Civ. P. 47(a) be amended to require that the parties at trial or their counsel be allowed the opportunity to question prospective jurors directly during the voir dire process under the supervision of the court and subject to reasonable time limits. Read more…
ABA Testifies on Death Penalty for Mentally Ill Defendants
On January 30, 2017, W. Lawrence Fitch testified on behalf of the ABA before the Criminal Law Subcommittee of the Virginia General Assembly on House Bill 1522, which would provide that a defendant in a capital case who has a several mental illness is not eligible for the death penalty. Read more...
ABA Applauds Legislative Efforts to Support Indigent Defense
On January 26, 2017, the ABA sent a letter to Senator Cory Booker (D-NJ) applauding the Senator for his support of public defenders and the plight of the indigent accused. The ABA also expressed its support for the goals of two bills introduced by Senator Booker, the Equal Justice Under Law and Clarence Gideon Full Access to Justice Acts. Read more…