Donald Trump’s efforts to defend the executive orders targeting Biglaw firms that have earned his ire are loser circumstances. 4 totally different district court docket judges from across the political spectrum have all dominated that EOs aimed toward Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey, respectively, are unconstitutional on quite a lot of grounds. But, the administration is appealing the Jenner & Block case, and the WilmerHale case, and the Perkins Coie one too. So, not terribly stunning that, on Friday, the Division of Justice filed an enchantment within the fourth Biglaw EO case — the one focusing on Susman Godfrey.
Susman’s spokesperson got here out swinging in response to the enchantment, saying, “The courts have spoken clearly and decisively: the administration’s govt orders focusing on legislation corporations violate the Structure and undermine People’ proper to decide on a lawyer with out worry. Susman Godfrey challenged this order as a result of we consider within the rule of legislation. That perception continues to information us as we combat the administration’s unwarranted enchantment and proceed to defend the rights of our shoppers and our colleagues.”
However the rub is that the Supreme Court docket is disturbingly willing to eschew authorized norms and bend over backwards for Trump, so what must be a simple name on the Excessive Court docket turns into an open query. And Trump is hoping to capitalize on that and is pushing to get in entrance of his favorite justices. These EOs are fairly clearly an affront to authorized establishments and the very rule of legislation — let’s hope nearly all of the Court docket sees that too.
Kathryn Rubino is a Senior Editor at Above the Legislation, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are one of the best, so please join along with her. Be happy to e mail her with any suggestions, questions, or feedback and comply with her on Twitter @Kathryn1 or Mastodon @[email protected].
