by
David
Lat)
It’s
been
almost
three
months
since
Skadden
took
the
coward’s
way
out
and
inked
a
deal
with
the
Trump
administration
promising
$100
million
in
pro
bono
payola
—
earmarked
for
conservative
clients
and
causes
—
in
order
to
prevent
the
issuance
of
an
unconstitutional
Executive
Order
targeting
the
firm.
It’s
a
blow
to
the
rule
of
law,
as
powerful
Biglaw
firms
signal
they’d
rather
bend
a
knee
than
fight
to
defend
the
constitution.
In
total,
nine
firms
have
capitulated
to
Trump,
but
the
Skadden
case
has
always
been
perplexing.
They
were
the
first
firm
to
proactively
make
a
deal
with
the
administration
before
they
were
targeted
by
an
EO.
But
also
because
of
the
questions
of
how
the
deal
would
impact
the
firm’s
prestigious
Skadden
Foundation
and
the
fellows
they
hire
every
year
to
do
important
public
interest
work.
None
of
those
concerns
were
assuaged
when,
earlier
this
month,
Skadden
Foundation’s
executive
director
Kathleen
Rubenstein resigned,
saying,
“this
moment
in
history
calls
on
us
to
provide
more
and
better
support
for
public
interest
lawyers.”
“Funders
have
many
more
resources
than
grantees.
We
also
rarely
have
our
own
lives
or
liberties
on
the
line.
The
least
we
can
do
is
act
with
urgency
and
courage
commensurate
with
those
we
support.
I
felt
we
had
fallen
short—or
rather,
that
they
haven’t
yet
risen
to
that
challenge,”
Rubenstein
wrote.
“My
hope
is
that
Skadden
charts
a
path
that
respects
the
rule
of
law
and
honors
the
core
values
of
the
Skadden
Foundation.”
Skadden
also
promised
at
least
five
of
those
fellowship
spots
would
go
to
folks
working
on
conservative
causes.
And
recent
changes
to
the
firm’s
website
are
also
concerning.
A
statement
from
interim
Foundation
director
Susan
Plum
reads,
“We
recognize
that
maintaining
a
broad,
nonpartisan
approach
in
an
increasingly
polarized
climate
is
more
difficult
than
ever,
and
some
believe
it
runs
counter
to
the
Foundation’s
purpose
and
values.
We
fundamentally
disagree.
In
fact,
the
opposite
is
true.
This
moment
is
precisely
when
the
Foundation
must
adhere
to
its
core
foundational
principle
of
transcending
division
to
enable
the
Fellows’
work
where
it
is
needed
most.”
Law.com
spoke
with
several
former
Skadden
fellows,
and
they
are
pretty
disappointed
by
the
firm.
“A
lot
of
former
fellows
and
I
work
were
obviously
shocked
by
the
capitulation,
but
we’re
also
shocked
at
the
insinuation
that
the
[Skadden
Foundation]
does
political
work,
because
the
point
of
the
Foundation’s
work
and
all
of
the
fellows,
and
the
work
that
we
do
is
anti-poverty
work,
and
the
insinuation
that
that
is
a
political
issue
is
really
problematic,”
the
former
Skadden
fellow
said.
This
is
a
delightful
sentiment
that,
unfortunately,
is
woefully
divorced
from
reality.
Because
if
someone
told
you
their
number
one
policy
concern
was
poverty
YOU’D
KNOW
EXACTLY
WHO
THEY
VOTED
FOR
IN
THE
LAST
ELECTION.
Another
former
fellow
noted
the
Trump
agreement
“changes
the
integrity
of
the
[Skadden
fellow]
network.”
They
continued,
“More
and
more,
as
we
hear
what’s
going
on
through
the
news,
it’s
going
to
be
harder
to
separate
the
Foundation
from
the
firm,
and
I
think
the
longer
that
they
continue
to
capitulate
to
Trump,
the
more
difficult
it’s
going
to
be
to
separate
the
Foundation
from
endorsing
the
actions
of
the
Trump
administration.”
There
was
also
an
interesting
tidbit
revealed
by
former
fellows.
An
online
portal
for
former
Skadden
fellows
to
stay
connected
also
appeared
to
be
down
for
a
period
around
the
time
of
the
firm’s
deal
with
the
administration,
according
to
several
former
Skadden
fellows.
Communication
lines
to
former
Skadden
fellows
have
also
been
quiet“The
website
was
down
for
fellows
for
quite
a
while,
right
during
the
capitulation
and
immediately
afterwards,
which
has
never,
in
my
experience,
happened
before,”
one
former
Skadden
fellow
said.
“And
that
was
another
thing
that
I
would
have
expected
communication
from
the
firm
or
the
foundation
about.”
Imagine
that!
In
the
wake
of
a
massively
controversial
deal,
Skadden-affiliated
people
suddenly
find
they’re
unable
to
communicate
with
one
another?!?!?
Feels
like
I’ve
heard
this
exact
story
before.
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].