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Milbank’s Spine Makes A Reappearance – Above the Law

The

nine
Biglaw
firms

that
capitulated
to
the
threats
of
Donald
Trump
and
agreed
to
provide

hundred
of
million
s
in
pro
bono
payola

to
conservative
clients
and
causes

have
garnered
a
lot
of
criticism
from

around
the
industry.

And
for
good
reason

the
Executive
Orders
that
were
threatened
were

unconstitutional

power
grabs
and
many
wondered,
if
a
firm
won’t
stand
up
to
the
bullying
of
the
Trump
administration
for
themselves,

how
will
they
do
it
for
clients?

Well,
Milbank
is
showing
the
world
that
despite
inking
a
deal
with
the
administration,
they
just
might
be

willing
to
court

Trump’s
ire.

Back
in
April,

Milbank
promised
$100
million
for
Trump’s
pro
bono
war
chest
to
avoid
an
onerous
EO.
But
yesterday,
the
firm
signed
onto
a
lawsuit
challenging
some
of
Trump’s
actions.

Milbank
partner
and
former
acting
solicitor
general
Neal
Katyal,
along
with
former
federal
judge
Michael
McConnell,
now
at
Wilson
Sonsini,
have

signed
on
to
be
co-counsel

in
a
case
challenging
the
president’s
so-called
“Liberation
Day”
tariffs.
Katyal
said
in
a
statement,
“These
presidential
actions
fall
on
the
wrong
side
of
the
line.
I
look
forward
to
vindicating
our
Founders’
view
of
the
separation
of
powers,
and
to
restoring
the
primacy
of
Congress
over
such
major
questions.”

The
plaintiffs
are
a
group
of
small
businesses
impacted
by
the
tariffs.
Represented
by
the
libertarian-leaning
legal
non-profit
the
Liberty
Justice
Center,

they
won

a
case
in
front
of
the
U.S.
Court
of
International
Trade
arguing
that
Trump
overstepped
his
authority.
The
government
has
appealed
the
decision
(as
well
as
a
separate
decision
against
the
tariffs),
and
plaintiffs
brought
in
the
Biglaw
guns
for
the
appellate
fight.

It
must
be
quite

reassuring
t
o
clients,
as
well
as
the
rank-and-file
at
the
firm,
to
know
that
Milbank
is
more
than
just
the
administration’s
legal
lapdog.




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].