by
DON
EMMERT/AFP
via
Getty
Images)
Donald
Trump
has
nothing
but
losses
when
it
comes
to
defending
his
Executive
Orders
targeting
Biglaw
firms.
A
series
of
federal
judges
in
different
jurisdictions
—
and
appointed
by
a
variety
of
presidents,
both
Democratic
and
Republican
—
have
determined
the
EOs
violate
the
Constitution
in
an
array
of
ways
(specifically
the
First,
Fifth,
and
Sixth
Amendments).
Indeed,
every
Biglaw
firm
(Perkins
Coie,
Jenner
&
Block,
WilmerHale,
and
Susman
Godfrey)
that
challenged
the
EOs
in
court
were
granted
summary
judgment.
But
you
just
know
Trump
isn’t
going
to
rest
until
Sam
Alito
has
an
opportunity
to
weigh
in.
That’s
right,
the
Department
of
Justice
filed
a
notice
of
appeal
to
the
D.C.
Circuit
in
the
Perkins
Coie
matter,
chronologically
the
first
case
to
challenge
the
Biglaw
EOs.
While
the
basis
for
the
appeal
isn’t
listed,
we
know
the
MAGA
legal
brain
trust
has
been
test
driving
arguments
in
defense
of
the
EOs
that
all
basically
boil
down
to
“I’m
the
president
and
I
can
do
what
I
want.”
Which
might
sound
vapid
and
unserious,
but
after
the
latest
eye-popping
set
of
decisions
from
the
Supreme
Court,
well,
you’d
be
justified
in
being
at
least
a
little
nervous.
But Perkins
Coie
is
projecting
nothing
but
confidence
and
strength,
saying
in
a
statement,
“The
courts
have
permanently
blocked
all
four
unlawful
executive
orders
targeting
law
firms
because
those
orders
violate
core
constitutional
freedoms.”
“We
look
forward
to
presenting
our
case
to
the
D.C.
Circuit
and
remain
committed
to
ensuring
that
the
unconstitutional
executive
order
targeting
our
firm
is
never
enforced,”
it
added.
“In
the
meantime,
we
will
continue
to
practice
law,
as
we
have
for
over
a
century,
and
remain
guided
by
the
same
commitments
that
first
compelled
us
to
bring
this
challenge:
to
protect
our
firm,
safeguard
the
interests
of
our
clients,
and
uphold
the
rule
of
law.”
Let’s
hope
the
rule
of
law
survives
the
attack
the
Biglaw
EOs
represent.
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].