For the second and third times, federal judges issued Temporary Restraining Orders against the Trump administration stopping them from enforcing key provisions of Executive Orders targeting Biglaw firms. This morning Jenner & Block and WilmerHale filed separate lawsuits challenging the Trump administration’s retaliatory executive orders against them.
Judge Beryl Howell, the judge overseeing the similar Perkins Coie case, was spared the other Biglaw cases and two judges appointed by George W. Bush got the cases instead. Judge John Bates pulled the Jenner case and Richard Leon nabbed the WilmerHale case. But despite the far right’s obsessive insistence that the only reason the Trump administration keeps losing in court is politics, these two conservative judges issued TROs the same day that the lawsuits were filed.
As Judge Leon wrote:
“This prohibition includes retaliatory actions based on perceived viewpoint. The retaliatory nature of the Executive Order at issue here is clear from its face – not only from Section 1, but also from the Fact Sheet published the same day. Indeed, the Executive Order requires government contracting agencies to disclose , review , and terminate all contracts with the plaintiff – that is Section 3 – and restricts WilmerHale employees from access to federal officials, buildings, and employment – that is Section 5. There is no doubt this retaliatory action chills speech and legal advocacy, or that it qualifies as a constitutional harm.”
Uniquely, Wilmer sought a TRO against section 2 of the EO, which deals with the security clearances of employees, but that was denied.
In granting Jenner’s TRO, Judge Bates called the EO “disturbing” and “troubling,” particularly the provisions attacking the firm’s pro bono practice, noting, “Our legal system relies on lawyers who advocate zealously for all clients.” And Judge Bates noted the importance of these cases for the entire legal industry, “Our legal profession as a whole is watching and wondering whether courtroom activities in the best tradition of lawyering will cause the federal government to turn its unwanted attention to them next.”
For the record, all three firms that have challenged Trump’s Executive Orders have been successful in these early stages of litigation.
You can read the orders below.
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].