Donald Trump’s dogged pursuit of executive orders that target Biglaw firms that displease him continues. Yes, four different district court judges from across the political spectrum have all ruled that EOs aimed at Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey, respectively, are unconstitutional on a variety of grounds. Despite L after L on the matter, yesterday the Trump administration announced they are appealing the Jenner & Block case. Which, isn’t shocking since the Department of Justice has already appealed the similar case versus Perkins Coie. But it puts none too fine a point on the question of WHY they’re doing it.
Matthew Wallin at Slate argues that railing against judges that’ve done Trump wrong is simply part of his brand at this point.
Trump administration has a very different relationship with legal action than any previous administration. They do not seem to view legality, or effective administration of existing laws, to be a primary or even desirable goal. Rather, they seem to view state action primarily as a means of political advocacy, in which an ultimate loss—or a few constitutional violations—doesn’t really matter as long as those losses manage to move the conversation. (This is a lesson that Democrats could stand to learn from.) Appealing this decision plays exactly into this strategy, because it allows the Trump administration to keep threatening lawyers representing political opponents because they get to keep talking about it.
Inside The Minds Working At US Midsize Law Firms: 2025 Priorities Revealed
Midsize firms want smarter tech, not more. Our 2025 industry report shows how the right tools—and strategy—can drive growth, efficiency, and better client outcomes.
…Which checks out.
And of course there’s the elephant at 1 First Street. These appeals (obviously at this point they’re expected in the WilmerHale and Susman cases) are how Trump gets in front of his favorite justices. Wallin acknowledges that the Supreme Court’s tendency to bend over backwards for Trump means that what should be an easy call at the High Court gets a lot more dicey, “The government could appeal an issue that they never argued in the lower court (despite the fact that they’re not supposed to be able to do that), and the Supreme Court could agree with them on that. The Trump administration might do something so new and crazy that OK’ing this executive order suddenly seems like a ‘moderate’ decision.”
You won’t go poor betting on the Roberts court selling out the norms and precedent of the legal system, so it’s definitely on the table that SCOTUS backs Trump on this one. I still think these orders are such an affront to legal institutions and the very rule of law that the EOs won’t get the green light from the Court. But it’s not 100% — and that’s terrifying.
The Law Firm’s Guide To Trust Accounting And Three-Way Reconciliation
Proper trust accounting and three-way reconciliation are essential for protecting client funds and avoiding serious compliance risks. In this guide, we break down these critical processes and show how legal-specific software can help your firm stay accurate, efficient, and audit-ready.
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].