First, I have to clearly admit that the Memphis Bar Association has outdone the Tennessee Bar Association in terms of trying to speak out about the consequences of the Trump Administration on the rule of law. But surpassing the TBA was not a high bar.
Yesterday, on Law Day, the Board of Directors of the MBA issued this statement by email to members:
The weakness is palpable. Recent events have inspired commentary and opinions across the range of distinctions? No. Recent events (which you could actually identify with some measure of specificity) show that the rule of law is under a full-fledged attack of a proportion never seen in the U.S. in our lifetime.
Moreover, not a word is said by the MBA about the attacks on lawyers and law firms that are integral to the attack on the rule of law. In fact, the words “rule of law” do not appear in the statement.
Maybe there was a time when such a limited statement defending only the judiciary would have seemed to be sufficient. For example, the Knoxville Bar Association (as well as the Nashville Bar Association) put out a statement only about attacks on the judiciary echoing what Justice Roberts himself said back in early April 2025 when elected officials started speaking of impeaching judges for rulings against the Administration.
But, at this stage of things, speaking out only to offer support for the judiciary is beyond disappointing. Even worse, the throat-clearing portion of the statement at the beginning almost manages to undermine any impact of the rest of the message.
Standing up to authoritarian and corrupt attacks on lawyers and law firms, in addition to attacks on the judiciary, should not be hard or a tough decision. Endorsing the words put forth by the New York City Bar Association and multiple other bar associations should not be hard:
We, the undersigned bar associations, stand united in condemning the President’s orders targeting law firms. These actions violate fundamental principles of our legal system and undermine the right to counsel, the independence of the legal profession, and the rule of law.
Our justice system is premised on the principle that all individuals and entities – regardless of their political, social, or economic standing – are entitled to representation. This foundational principle is not a privilege granted at the discretion of those in power; it is a cornerstone of democracy, enshrined in our Constitution, and protected by our courts. Attempts to intimidate or penalize lawyers for representing clients whose interests do not align with those of the government are antithetical to our democracy, violate the rule of law, chill attorneys from fulfilling their ethical and professional obligations, and undermine our system of justice.
We call upon all branches of government to support the rule of law and the essential role of lawyers in our democracy, and to reject any efforts to use the tremendous power of the government against members of the legal profession for performing their duty. We further call upon our fellow members of the legal profession as well as members of the public at large to reject any attempt to harass or intimidate our country’s lawyers and judges for simply doing their jobs.
Saying this should not be hard, under any circumstances, but for a local bar association in the bluest part of Tennessee to be unable to simply echo these sentiments and manage, instead, to come up with the statement sent to members today after all of this time is unfathomable. Again, with reference to the KBA, its President has begun publicly speaking out about more than just the attacks on the judiciary through his column for that Bar’s monthly publication. Those efforts have also been picked up by news publications in Knoxville.
The contrast between the leadership of that bar association, operating in a very “red” part of Tennessee, and the leadership of the MBA is striking.
For the MBA to point to the “various views of all of its members” as a limit that no statement except support only of the judiciary could be mustered is telling with respect to what kinds of lawyers it is worried about making unhappy.
Realizing my decision alone will not matter to the association, I have sent a communication to the MBA President and its Executive Director to terminate my membership after more than 25 years. I continue to mean it when I say that if the rule of law is lost, then nothing else a voluntary bar association like the MBA does matters.
If you are reading this and you are a member of the MBA, or any voluntary bar association that cannot bring itself to unequivocally speak up to defend lawyers and law firms from the unprecedented attacks being leveled by this administration, I hope you too will make your voice heard to show these associations that they are making the wrong calculation on what its members expect and deserve when it comes to fighting to protect the rule of law and the vital role that lawyers play in there even being cases for members of the judiciary to preside over.