ABA House OKs policies on wide-ranging issues

American Bar Association
 
The American Bar Association House of Delegates adopted almost 30 policy matters — among them the use of National Guard and military forces in U.S. cities — during the 2026 ABA Midyear meeting this month.

Other policies passed by the House included judicial independence and safety, Public Service Loan Forgiveness, the independence of the Department of Justice, Medicaid funding and immigration law enforcement.

The policy-making body passed Resolution 200, which opposes threats and acts of violence, harassment, and intimidation directed at federal, state, local, administrative, tribal and territorial judges, court personnel and their families. It also encourages bar associations, law schools and civic organizations to promote public understanding of the role of an independent judiciary and to respond to attacks that threaten judicial independence and safety. 

The resolution urges all members of the legal profession, officials and the media to refrain from rhetoric or actions that threaten or incite violence against the judiciary and urges parties who disagree with any court decision to follow the applicable appellate process.

The following policies addressing recent government actions were passed:

• Resolution 510, which urges the president and all executive branch officials to safeguard the independence of the U.S. Department of Justice by ensuring that investigative and prosecutorial decisions are free from political influence. It also calls on federal, state and local officials to reaffirm that prosecutorial decisions are made free from partisan, political or personal influence and encourages all jurisdictions to adopt formal policies that explicitly prohibit initiating, directing or restraining prosecutions for political purposes.

• Resolution 506, which urges the federal government to address domestic issues through local and civilian law enforcement agencies rather than military options. The resolution also urges that the use of the federalized National Guard or similar forces be restricted to exceptional circumstances and that policing duties be carried out only by personnel properly trained in relevant law enforcement responsibilities.

• Resolution 509, which urges state and local governments to take appropriate measures, including providing training and resources to enable and encourage prosecutors and law enforcement officers to exercise their prosecutorial discretion to investigate and, where probable cause exists, prosecute federal officials who violate applicable state laws while acting outside the legitimate and reasonable scope of their federal authority.

The House also approved two policies addressing the Public Service Loan Forgiveness program. Resolution 504 urges the Executive Branch and loan servicers to resume accepting and processing student loan forgiveness applications, periodic employment and income recertifications, and repayment plan change requests for all borrowers engaged in eligible government and public sector employment.

Resolution 505 supports a series of positions addressing past, present and future challenges to the federal Public Service Loan Forgiveness program, allowing the association to advocate and lobby for the program even if there are new rule changes. 

Other policies passed by the House on Monday included:

• Resolution 702, which reinforces the ABA’s commitment to support and encourage free, open and civil discussion and debate on legal and policy issues among ABA Members and recognizes that there is value in having lawyers with a wide range of different views participate meaningfully in ABA leadership, programming, policy, and advocacy.

• Resolution 508, which urges federal, state and local officials to prevent and mitigate the dangers of emerging Generative Artificial Intelligence (GAI) and deepfake technology in tech-facilitated abuse involving students.

• Resolution 507, which opposes legislation, regulations policies and practices that reduce Medicaid funding, denies or terminates enrollment of eligible individuals or restricts coverage in a manner inconsistent with the Medicaid statute’s purpose and requirements. It urges governments to strengthen due process protections and promote transparency and accountability in the administration of Medicaid and supports educating legal professionals and communities about Medicaid and the legal rights of individuals concerning eligibility for and enrollment in Medicaid.

• Resolution 401, which urges the National Conference of Bar Examiners to include Trust and Estate Law as a Foundational Concept and Principle on the NextGen bar exam.
ABA President Michelle A. Behnke of Wisconsin and ABA President-elect Barbara J. Howard of Ohio delivered remarks. 

The policymaking House encompasses nearly 600 delegates from ABA entities and state, local and specialty bar associations. House proposals do not become ABA policy until they are approved by the House, which meets twice annually. 

The next House meeting will be held during the ABA Annual Meeting, July 29-Aug. 4, 2026, in Chicago.