via
ChatGPT)
Well,
well,
well.
Would
you
look
at
that?
After
months
of
bluster,
threats,
and
performative
chest-thumping,
the
Trump
administration
is
reportedly
slinking
away
from
its
own
unconstitutional
tantrum.
According
to
The
Wall
Street
Journal,
the
Department
of
Justice
“as
soon
as
Monday
is
expected
to
drop
its
appeals
of
four
trial-court
rulings
that
struck
down
President
Donald
Trump’s
actions
against
law
firms
Jenner
&
Block,
WilmerHale,
Perkins
Coie,
and
Susman
Godfrey.”
Let’s
just
sit
with
that
for
a
second.
These
were
the
executive
orders
that
were
supposedly
so
urgent,
so
righteous,
so
necessary
to
punish
Biglaw
for
its
perceived
sins:
representing
the
“wrong”
clients,
supporting
diversity
initiatives,
not
sufficiently
genuflecting
before
MAGA
orthodoxy.
The
administration
went
out
of
its
way
to
make
an
example
of
firms
like
Jenner
&
Block,
WilmerHale,
Perkins
Coie,
and
Susman
Godfrey.
And
what
happened?
Judge
after
judge
—
across
ideological
lines
—
looked
at
these
orders
and
said
absolutely
the
hell
not.
The
orders
were
unconstitutional
and
retaliatory
abuses
of
executive
power,
and
the
courts
fiercely
swatted
them
down.
The
administration
appealed.
Because
you
can’t
build
a
culture
war
brand
upon
quietly
accepting
limitations,
no
matter
how
clearly
articulated
by
the
basic
rule
of
law.
But
after
all
the
posturing
—
and,
presumably,
under
the
distracting
cover
a
war
with
Iran
—
the
administration
is
dropping
the
appeals
to
avoid
more
humiliating
losses.
All
of
which
places
a
rather
uncomfortable
spotlight
on
the
nine
firms
that
bent
a
knee
and
traded
their
dignity
to
the
administration
rather
than
fight.
Those
firms
agreed
to
pony
up
a
jaw-dropping
$940
million
in
pro
bono
commitments
—
payola
dressed
up
as
patriotism
—
because
they
were
afraid
of
these
very
executive
orders.
They
calculated
that
it
was
safer
to
write
a
massive
check
in
free
legal
services
on
behalf
of conservative
clients
or
approved
causes
than
to
risk
being
on
the
receiving
end
of
a
retaliatory
EO.
And
their
explicit
acts
of
capitulation
had
a
documented
chilling
effect
on
the
entire
industry.
Now
even
the
government
concedes
that
the
orders
were
indefensible.
Imagine
being
in
the
next
partnership
meeting,
listening
to
leadership
explain
that
“We
had
to
make
a
deal.
The
executive
orders
were
too
dangerous!”
Along
the
way,
the
firms
became
infamous
with
law
students
and
a
lot
of
clients,
all
to
avoid
executive
orders
that
the
MAGA
faithful
at
the
DOJ
have
decided
aren’t
even
worth
defending
anymore.
With
the
appeals
being
quietly
ushered
offstage,
the
contrast
couldn’t
be
sharper.
Some
firms
bet
on
the
courts
and
the
rule
of
law.
Others
bet
on
appeasement.
Only
one
group
looks
good
today.
The
others
have
$940
million
worth
of
egg
on
their
face.
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].