Earlier this month, President Trump issued an executive order targeting the long-established law firm Perkins Coie, an institution with over a century of experience representing clients of all sizes. This move by the president seemed explicitly aimed at penalizing Perkins Coie for its past representation of Hillary Clinton in 2016 and other causes Trump perceives negatively. The order has been widely criticized as unconstitutional, as it clashes with the First Amendment and endangers fundamental rights like due process and the right to legal counsel under the Sixth Amendment.
In response, the renowned law firm Williams & Connolly stepped in on March 11, filing a lawsuit on behalf of Perkins Coie to challenge the order’s constitutionality. Just a day later, Judge Beryl A. Howell of the Federal District Court in Washington acted swiftly, issuing a decision to temporarily halt the enforcement of most of the order. The Justice Department’s subsequent attempt to remove Judge Howell from the case was met with a strong rebuke in her opinion rejecting their motion.
At our firm, we stand in solidarity with Perkins Coie and other legal practitioners challenging unlawful executive actions. We’ve actively encouraged other firms to join us in filing an amicus curiae brief to support Perkins Coie in this battle.
If those in the legal profession don’t rise to the occasion to uphold the rule of law, who will? Beyond the Perkins Coie situation, President Trump has issued similarly questionable orders targeting other firms, like WilmerHale and Jenner & Block, due to their involvement in legal matters against him. Furthermore, a broader memorandum has targeted lawyers and firms representing causes he disfavors, such as pro bono work for asylum seekers.
We commend WilmerHale and Jenner & Block for their legal actions challenging these latest executive orders. However, it is disheartening to witness a respected firm like Paul, Weiss, choosing not to confront the assault on our legal system. Instead, it conceded, agreeing to allocate a staggering $40 million in pro bono work to causes backed by Trump. The news that Skadden, Arps has made a similar concession adds to the concern that powerful firms are capitulating instead of challenging potentially unconstitutional actions.
While many firms have agreed to support the Perkins Coie brief, some hesitate, concerned about losing clients or drawing the president’s ire. It’s understandable. We acknowledge the obligations we have toward clients, employees, and their families. Yet, in these critical times, firms and their partners, many of whom are financially robust, must show the fortitude to stand firm for the greater good.
Supporting a lawyer’s right to represent contentious clients is part of the oath we took. What’s at stake is not just a few orders or firms, but the health of the very system that ensures our freedoms and holds our government accountable. President Trump’s recent actions suggest he views his authority as limitless, creeping towards autocracy. In conjunction with a compliant Congress, the judiciary and the legal community are the crucial bulwarks against this tide. Courageous judges will ultimately determine whether Trump remains a president or presumes the role of an unchecked ruler.
It didn’t take much deliberation for us to choose to voice our disapproval. Defending those who represent clients against government overreach is one of the highest callings of our profession. When President Trump faced legal challenges, he had capable lawyers by his side. Now, his administration’s attacks on those who have defended against him threaten the core of our democracy.
To all lawyers and major firms: for the sake of justice, the profession, and the Constitution, uphold the oath you swore. Stand together, and we shall overcome.
