In a significant ruling, a U.S. federal judge has permanently invalidated a White House executive order that targeted Perkins Coie, a prominent law firm. This decision represents a setback for former President Donald Trump’s initiatives, which were seen as punitive actions against certain sectors of the legal profession. U.S. District Judge Beryl Howell deemed the executive order as “unconstitutional retaliation” and directed that no further enforcement actions be taken by the Trump administration.
The ruling, comprising 102 pages, stated that no previous American president has issued any executive order quite like the one that targeted the law firm. Judge Howell pointed out that the executive order seemed to resurrect sentiments as old as Shakespeare’s adage, “The first thing we do, let’s kill all the lawyers.” This reflects Trump’s broader endeavor to alter American society by focusing on perceived challenges and trying to secure leverage over them to conform them to his objectives.
The actions implemented by such executive orders included the revocation of security clearances for lawyers in some high-profile firms, cancelling federal contracts with these firms, and prohibiting their employees from entering federal buildings. These measures have been criticized by the impacted law firms as a direct attack on the legal system and a contradiction of the tenet that lawyers should be able to represent clients without fear of governmental intimidation or reprisal.
Perkins Coie was specifically targeted due to its association with Democrat Hillary Clinton’s 2016 presidential campaign. Furthermore, Trump has expressed strong criticism towards Marc Elias, a former lawyer at the firm, who had hired an opposition research firm that explored potential connections between Trump and Russia. However, Elias departed from the firm in 2021.
Judge Howell argued in her written opinion that the firm was attacked for its support of employment policies disliked by Trump, its representation of clients who were in opposition to Trump’s policies, and for its involvement in litigation against the administration. She concluded these actions amounted to unconstitutional retaliation and viewpoint discrimination.
The judge’s ruling was anticipated given that she had previously blocked segments of the executive order and had shown skepticism during a recent hearing where a Justice Department lawyer defended the order. Moreover, Judge Howell’s ruling mandates that Attorney General Pam Bondi and Office of Management and Budget Director Russell Vought provide copies of her opinion to all relevant government departments.
Other law firms, such as WilmerHale, Jenner & Block, and Susman Godfrey, have also challenged similar executive orders and managed to at least temporarily halt their enforcement. Meanwhile, some major law firms have opted for settlements, which involve dedicating substantial resources to pro bono legal services for causes that align with Trump administration objectives, as a means to preempt such orders.