A federal judge in Maryland ruled on Wednesday that the Department of Justice unconstitutionally retaliated against the American Bar Association when it canceled grants for a program to assist victims of domestic violence.
"The ABA has made a strong showing that Defendants terminated its grants to retaliate against it for engaging in protected speech," Judge Christopher Cooper wrote in his ruling.
In April, DOJ barred its attorneys from traveling or speaking at ABA events, with Deputy Attorney General Todd Blanche penning a memo saying the group was engaging in "activist causes."
"The ABA is free to litigate in support of activist causes, including by inserting itself into pending litigation as an amicus curiae," Blanche wrote in the memo. "But 'public service is a public trust.' The Department of Justice must, consistent with the Constitution, be careful stewards of the public fisc, represent all Americans regardless of ideology or political preferences, and defend the policies chosen by American's democratically elected leadership."
Federal grants to the ABA were canceled on April 10, one day after Blanche's memo. On April 23, the ABA sued DOJ, alleging it illegally canceled $3.2 million federal grants in retaliation for the organization public criticism of the Trump administration. The grants had been used to train lawyers to represent victims of domestic and sexual violence.
Cooper noted in his temporary restraining order that DOJ failed to show sufficient motivation for the termination of the grants other than simple retaliation.
"The government does not meaningfully contest the merits of the ABA's First Amendment retaliation claim. It points to no deficiencies in the ABA's performance of its grant obligations," Cooper, who was appointed by President Barack Obama, wrote in his ruling.
"It concedes that similar grants administered by other organizations remain in place. It agrees that bringing a lawsuit is protected by the First Amendment. And it suggests no other cause for the cancellation apart from the sentiments expressed by Deputy Attorney General Blanche in his memorandum," he added.
Cooper's ruling does not prevent DOJ from canceling other grants for "permissible and truly nonretaliatory reason," yet if enacted, those may be subject to legal challenges as well.
The order also does not require DOJ to renew the ABA's grants after the promised funds have been allocated.
James Morley III ✉
James Morley III is a writer with more than two decades of experience in entertainment, travel, technology, and science and nature.
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