The
federal
government’s
defense
of
the
Executive
Orders
targeting
Jenner
&
Block,
WilmerHale,
Perkins
Coie,
and
Susman
Godfrey
is,
officially,
back
on.
After
first
dropping
the
appeals,
then
un-dropping
the
appeals
in
what
can
only
be
described
as
litigation
whiplash,
the
U.S.
Court
of
Appeals
for
the
D.C.
Circuit
has
now
officially
greenlit
the
government’s
change
of
heart.
In
a
brief
order
Monday,
the
court
granted
DOJ’s
motion
to
keep
the
appeals
alive
and
ensures
this
mess
is
heading
for
a
full
appellate
airing.
In
a
follow-up
order
Thursday,
it
set
oral
argument
for
May
14,
meaning
the
administration
will
soon
have
to
defend,
with
a
straight
face,
why
issuing
retaliatory
Executive
Orders
targeting
major
Biglaw
firms
is
totally
normal
presidential
behavior.
You’ll
recall
last
year
Donald
Trump
went
on
an
EO
bender,
issuing
orders
targeting
Biglaw
firms
for
a
hodgepodge
of
perceived
sins
like
representing
disfavored
clients,
supporting
diversity
initiatives,
and
not
sufficiently
genuflecting
before
MAGA
orthodoxy.
Four
firms
stood
up
to
the
bullying
and
fought
the
EOs,
and
were
rewarded
with
decisions
from
judges
across
ideological
lines
all
finding
that
the
EOs
were
retaliatory
and
unconstitutional.
That
led
to
the
will
they/won’t
they
moment
of
appellate
litigation
where
the
government
filed
a
voluntary
motion
notifying
the
court
it
was
not
pursuing
the
appeal…
and
24
hours
later
calling
a
backsies.
The
DOJ
filed
a
full-throated
defense
of
the
EOs,
pointing
to
the
yellow-bellied
nine
Biglaw
firms
(A&
O
Shearman;
Cadwalader;
Kirkland
&
Ellis;
Latham
&
Watkins;
Milbank;
Paul,
Weiss;
Simpson
Thacher;
Skadden;
and
Wilkie
Farr)
as
evidence
the
EOs
were
totally
constitutional.
The
fighting
four
firms
are
expected
to
file
their
briefs
by
March
27
(the
DOJ
will
then
have
until
April
10
to
respond).
And
then
oral
arguments
are
on
for
May
and
the
appellate
court
will
weigh
in
on
whether
retaliation
against
law
firms
is
somehow
a
“core
presidential
power.”
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].