ABA adopts new policy positions

The American Bar Association's policy-making House of Delegates met Aug. 7-8 in Honolulu to debate an array of timely and critical issues to the profession and the nation.

Neal Sonnett, chair of the ABA Task Force on Presidential Signing Statements and the Separation of Powers, introduces policy resolution.

The Task Force on Presidential Signing Statements and the Separation of Powers offered a late report to the House opposing the misuse of presidential signing statements. The resolution, amended and adopted by voice vote, states that the ABA "opposes, as contrary to the rule of law and our constitutional system of separation of powers, the misuse of presidential signing statements...." Neal Sonnett, chair of the task force, summed up his argument in favor of the recommendation in saying that, "The law is above the president." And as Thomas Susman, another member of the task force said, the task force and the recommendation don't condemn the use of signing statements; it opposes their misuse.

In other action, the ABA House adopted policy opposing legislation currently before the U.S. Congress, H.R.5219 and S.2678, that would create an inspector general for the federal judiciary answerable to Congress.

The Task Force on Attorney-Client Privilege brought to the House a recommendation in support of preservation of the attorney-client privilege and work product doctrine. Bill Ide, chair of the task force, commented that, since Enron, a culture of waiver had developed that has led companies to having no real choice as to abiding by federal requests for waiver of the privilege. The same task force presented a resolution opposing government policies, practices and procedures that have the effect of eroding the constitutional and other legal rights of a company's current and former employees, officers, directors or agents.

In other actions, the House adopted policy supporting multinational cooperation or consultation in the formulation of national laws relating to migration; urging that each jurisdiction that imposes capital punishment implement specific policies relating to mental illness; and urging federal, state and other governments to enact legislation prohibiting discrimination on the basis of gender identity or expression in employment, housing or public accommodation.

The Daily Journal, a listing of all the action taken by the House, is posted on the House of Delegates Web site.

Watch the House debate on a number of the issues online here.

Back to top