Donald Trump has nothing but losses when it comes to defending his Executive Orders targeting Biglaw firms. A series of federal judges in different jurisdictions — and appointed by a variety of presidents, both Democratic and Republican — have determined the EOs violate the Constitution in an array of ways (specifically the First, Fifth, and Sixth Amendments). Indeed, every Biglaw firm (Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey) that challenged the EOs in court were granted summary judgment.
But you just know Trump isn’t going to rest until Sam Alito has an opportunity to weigh in.
That’s right, the Department of Justice filed a notice of appeal to the D.C. Circuit in the Perkins Coie matter, chronologically the first case to challenge the Biglaw EOs. While the basis for the appeal isn’t listed, we know the MAGA legal brain trust has been test driving arguments in defense of the EOs that all basically boil down to “I’m the president and I can do what I want.” Which might sound vapid and unserious, but after the latest eye-popping set of decisions from the Supreme Court, well, you’d be justified in being at least a little nervous.
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But Perkins Coie is projecting nothing but confidence and strength, saying in a statement, “The courts have permanently blocked all four unlawful executive orders targeting law firms because those orders violate core constitutional freedoms.”
“We look forward to presenting our case to the D.C. Circuit and remain committed to ensuring that the unconstitutional executive order targeting our firm is never enforced,” it added.
“In the meantime, we will continue to practice law, as we have for over a century, and remain guided by the same commitments that first compelled us to bring this challenge: to protect our firm, safeguard the interests of our clients, and uphold the rule of law.”
Let’s hope the rule of law survives the attack the Biglaw EOs represent.
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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].