As last week came to an end, a federal judge appointed by George W. Bush blocked one of Donald Trump’s executive orders targeting a law firm. As this week gets underway, as Reuters reported, a different federal judge appointed by the same Republican president went even further.
A judge in Washington on Tuesday struck down an executive order targeting law firm WilmerHale, marking the third ruling to overwhelmingly reject President Donald Trump’s efforts to punish firms he perceives as enemies of his administration. U.S. District Judge Richard Leon, an appointee of Republican President George W. Bush, said Trump’s order retaliated against the firm in violation of U.S. constitutional protections for free speech and due process.
“The cornerstone of the American system of justice is an independent judiciary and an independent bar willing to tackle unpopular cases, however daunting,” Judge Richard Leon wrote. “The Founding Fathers knew this! Accordingly, they took pains to enshrine in the Constitution certain rights that would serve as the foundation for that independence.
“I have concluded that this Order must be struck down in its entirety as unconstitutional.”
WilmerHale issued a statement after the ruling that read, “The Court’s decision to permanently block the unlawful executive order in its entirety strongly affirms our foundational constitutional rights and those of our clients. We remain proud to defend our firm, our people, and our clients.”
Stepping back, only a handful of law firms fought back against the White House — most of the president’s targets tried to appease the president — but those that have resisted are on quite a winning streak.
One of the first firms to be targeted, Perkins Coie, filed suit against Trump rather than giving in, and soon after, U.S. District Judge Beryl A. Howell temporarily blocked the president’s policy, saying in reference to the executive order, “It sends little chills down my spine.” The judge added, “I am sure that many in the profession are watching in horror at what Perkins Coie is going through.”
It was the first in a series of related setbacks for the White House. Around the same time, Jenner & Block was targeted; it also sought a temporary order blocking Trump’s attack, and it also succeeded. Susman Godfrey scored a similar victory, and now WilmerHale has persuaded a judge that Trump’s EO deserved to be rejected entirely.
In other words, four of the targeted firms fought back rather than give in, and all four have — at least for now — prevailed, stopping Trump’s gambit in its tracks.
As for the firms that chose appeasement, it’s hard not to wonder how many regret their decisions. I’m not privy to their internal deliberations, of course, but many likely made a cost-benefit analysis: Concerned about losing lucrative clients, they probably decided it’d be cheaper simply to give in.
So they entered into negotiations with the White House — or, more accurately, Trump’s highly controversial and recently indicted personal attorney, who’s reportedly helping take the lead on these deals — and committed to nearly $1 billion in free legal services to make the president happy.
Given the available evidence, fighting back didn’t just help some of Trump’s targets preserve their reputations, it also seems vastly cheaper.
It also likely would’ve saved some of these firms considerable and avoidable conflicts. The New York Times reported last week that four of the top partners at Paul Weiss — one of the legal giants that gave in to the White House — announced that they are leaving to create their own law firm.
This came on the heels of a Wall Street Journal report that said another firm in the same position, Cadwalader, Wickersham & Taft, is finding that its deal with Trump “is backfiring,” with the agreement “pushing more lawyers to leave, people familiar with the matter said, spurred by anger that the firm capitulated to Trump instead of fighting back against an administration campaign that many in the industry believe to be unconstitutional.”
Of course, for firms that didn’t choose to placate the president, it’s worth noting that it’s not too late for them to reverse course, end their deals with Trump and join with the firms that keep winning in court.
This post updates our related earlier coverage.
