WASHINGTON, D.C. — The Federal Trade Commission (FTC) under Chairman Andrew N. Ferguson has initiated a sweeping policy that severs the agency’s ties with the American Bar Association (ABA). Announced on February 14, 2025, the decision bars FTC political appointees from holding leadership roles, participating in events, or renewing memberships with the ABA. Additionally, the FTC will no longer allocate resources to support employee involvement in the organization.
Citing allegations of partisanship and conflicts of interest, Ferguson characterized the ABA as a “radical left-wing” body with a history of unethical advocacy and bias against Republican policies. These accusations include claims of impropriety in its ratings of judicial nominees, partisan policy positions, and a perceived alignment with Big Tech that undermines antitrust enforcement priorities.
The Justification for the Ban
Ferguson’s announcement stems from what he described as a longstanding “cozy relationship” between federal antitrust enforcers and the ABA’s Antitrust Law Section. This section, composed heavily of defense lawyers representing major corporations, has been accused of creating potential conflicts of interest by fostering close ties with those tasked to oversee their clients’ practices.
“The coziness of the relationship risks the suggestion that a desire for future employment at one of these law firms could blunt the vigor of the FTC’s enforcement program,” Ferguson stated in his letter to employees.
The FTC chairman pointed to specific examples of what he perceives as ABA partisanship. Among them, the group’s opposition to the American Innovation and Choice Online Act—a bill aimed at curbing Big Tech monopolistic behavior—was highlighted as evidence of the ABA’s alignment with corporate interests over meaningful reform.
A History of Partisan Advocacy
The ABA, a national organization long seen as a professional association for lawyers, has drawn criticism from conservatives for what they perceive as systemic left-leaning tendencies. Ferguson cited the ABA’s accreditation requirements for diversity, equity, and inclusion in law schools, its positions on major social issues, and its judicial ratings system as evidence of this bias.
Highlighting past controversies, he referenced the ABA’s opposition to judicial nominees such as Justice Clarence Thomas and Judge Robert Bork, suggesting a history of unfairly targeting candidates aligned with conservative principles. Additionally, Ferguson accused the ABA of unethical conduct, claiming it failed to disclose significant financial interests in federal programs like USAID while opposing Trump administration reforms of the agency.
“The ABA received more than $22 million from USAID and nearly $17 million from the State Department in taxpayer-funded grants and contracts in the last 12 months alone,” Ferguson noted, alleging an ulterior motive in the group’s criticism of reforms targeting these programs.
Broader Implications
Ferguson’s policy reflects broader changes in the government’s approach to tackling organizational inefficiencies and perceived bias. Under President Donald Trump, the administration has focused on reducing waste, fraud, and abuse across agencies. The FTC’s decision adds to these efforts by targeting what it perceives as “unethical coziness” between government and external organizations with political agendas.
This move comes as part of Trump’s broader initiatives during his second presidency, including increased scrutiny of Big Tech companies accused of wielding excessive monopolistic power and stifling competition. Ferguson has identified the protection of smaller businesses and expansion of economic liberty as priorities for his tenure, positioning the FTC to play a central role in these efforts.
Critics of the FTC’s action see it as a departure from collaboration and knowledge sharing, potentially isolating the agency from the larger legal community. However, Ferguson defended the decision as necessary to protect the integrity of the FTC’s mission, stating, “The FTC’s senior leadership should not lend a patina of nonpartisan legitimacy to an organization guided by the principles of the Democrat Party and the priorities of Big Tech.”
Looking Ahead
The FTC’s stance represents a pivotal moment in its relationship with outside organizations, signaling a shift toward greater independence and accountability. With investigations into Big Tech and antitrust reform at the forefront of its agenda, the agency appears poised to take an aggressive, albeit isolated, stance in safeguarding competition and protecting consumers from unfair practices.
This policy also raises questions about the role of professional organizations like the ABA in shaping policy and fostering dialogue between public and private sectors. It underscores the growing divide between federal agencies and external advocacy groups perceived as politically aligned, setting a precedent for how future administrations may address such issues.
For the FTC, this marks the beginning of a potentially more combative era. With Ferguson’s leadership focused on breaking up monopolies and challenging entrenched power structures—both within and outside government—the agency is setting a bold tone for the years ahead. With antitrust battles brewing and the mission to protect American consumers shifting into high gear, the FTC’s actions in the coming months will carry significant implications for industries and the public alike.
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