PSJD News Digest – March 28, 2025

March 28, 2025 at 4:40 pm · Filed under Public Interest Law News Bulletin

Sam Halpert, NALP Director of Public Service Initiatives

Photo: Harris and Ewing Collection, Library of Congress

Hi Interested Public,

If you haven’t heard about last weekend’s big development, I’ve led with it below (as well as various responses that have emerged over the course of the week). In other news, the gyre continues to widen. As always, these stories and more are in the links below. Looking forward to seeing some of you in Cleveland.

Solidarity,

Sam

Editor’s Choice(s)

Preventing Abuses of the Legal System and the Federal Court (Presidential EO; 22 Mar 2025)

“Federal Rule of Civil Procedure 11 prohibits attorneys from engaging in certain unethical conduct in Federal courts. Attorneys must not present legal filings “for improper purpose[s],” including “to harass, cause unnecessary delay, or needlessly increase the cost of litigation.” FRCP 11(b)(1). Attorneys must ensure that legal arguments are “warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law.” FRCP 11(b)(2). And attorneys must ensure that their statements about facts are “reasonably based” on evidentiary support, or a belief that such evidence actually exists. FRCP 11(b)(3)-(b)(4). …Unfortunately, far too many attorneys and law firms have long ignored these requirements when litigating against the Federal Government or in pursuing baseless partisan attacks. To address these concerns, I hereby direct the Attorney General to seek sanctions against attorneys and law firms who engage in frivolous, unreasonable, and vexatious litigation against the United States or in matters before executive departments and agencies of the United States.

I further direct the Attorney General and the Secretary of Homeland Security to prioritize enforcement of their respective regulations governing attorney conduct and discipline.”
- Bar organizations’ statement in support of the rule of law (ABA; 26 Mar 2025)
  
  “We the undersigned bar organizations stand together with and in support of the American Bar Association to defend the rule of law and reject efforts to undermine the courts and the legal profession. In particular, as outlined by the ABA: We endorse the sentiments expressed by the chief justice of the U.S. Supreme Court in his 2024 Year End Report on the Federal Judiciary, “[w]ithin the past year we have also seen the need for state and federal bar associations to come to the defense of a federal district judge whose decisions in a high-profile case prompted an elected official to call for her impeachment. Attempts to intimidate judges for their rulings in cases are inappropriate and should be vigorously opposed.”
  
  We support the right of people to advance their interests in courts of law when they have been wronged. We reject the notion that the U.S. government can punish lawyers and law firms who represent certain clients or punish judges who rule certain ways. We cannot accept government actions that seek to twist the scales of justice in this manner.”
- US law school deans sign letter condemning Trump sanctions on law firms (Jurist News; 27 Mar 2025)
  
  “We write to reaffirm basic principles: The government should not punish lawyers and law firms for the clients they represent, absent specific findings that such representation was illegal or unethical. Punishing lawyers for their representation and advocacy violates the First Amendment and undermines the Sixth Amendment.”

The Imperative of Solidarity in Response to Assaults on Legal Services, Universities, and Independent Media [editorial] (Just Security; 24 Mar 2025)

“Nowhere yet have we seen true efforts at burden-sharing between those targeted and those not (yet) in the line of fire. Perhaps this is precisely because the types of institutions that Trump is going after have long thought of themselves as autonomous entities whose mission is to take care of themselves and their own. There are some small signs of promise beginning to bubble up, like the law firms looking to file an amicus brief in support of Perkins Coie’s lawsuit against the Trump administration. But there is scope for so much more.

If journalists, lawyers, and academics are going to be able to play the role that they need to perform as bulwarks of democracy and the rule of law, they and their employers must begin to think and act in collective terms. One source of expertise lies in the people and institutions in marginalized communities throughout this country and around the globe who have had decades of experience in navigating a world where simply looking out for one’s own best interests is insufficient for individual or collective survival. ”

Conflicts Over Diversity, Equity, Inclusion, and Accessibility

A federal judge temporarily blocks parts of Trump’s anti-DEI executive orders (AP; 28 Mar 2025)

“Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois halted the Labor Department from requiring federal contractors or grant recipients from certifying that they don’t operate any programs in violation of Trump’s anti-DEI executive orders.

That certification provision has stepped up pressure on companies and other organizations to revisit their DEI practices because if the government were to determine they violated the provision, they would be subject to crippling financial penalties under the False Claims Act.”

[Ed Note: I also refer readers out to NALP’s Weekly Industry News Digest, which has separate coverage of this topic]

Access to Justice

HHS sued for cutting program that provides legal aid for migrant children (ABC; 27 Mar 2025)

Student Loans & the Dept of Ed

Federal Student Aid calls back some workers (Politico; 21 Mar 2025)

“Entire teams across the Education Department’s Federal Student Aid office have been brought back after initially being cut during the agency's massive reduction in force actions, according to internal documents obtained by POLITICO.”

ED Returns IDR and Loan Consolidation Applications Online, But SAVE Application Still Blocked (NASFAA; 27 Mar 2025)

“Although the IDR application is now available, loan servicers are still updating their systems in accordance with the court’s actions. Servicers will begin processing applications in the near future. We will continue to update this page when new information becomes available, including when servicers resume processing IDR applications.”

UCSC Students Fight to Rebuild United States Student Association (City on a Hill Press; 23 Mar 2025)

“USSA is back and eager to continue their long history and tradition of involving more students from universities across the nation in federal education policy.

“For the last eight years, decisions have been made on the federal level without the USSA’s voice, without student voice. We can see how that has impacted students nationwide and how student voice has not been valued because it hasn’t been present and available,” said Kalwis Lo, former legislative director for the USSA. “USSA is coming back to fill a void. That’s very necessary because [that void] has been so impactful for so many years.”