Trump Loses Again
In a 52-page opinion, U.S. District Court Judge John D. Bates—a 2001 appointee of President George W. Bush—rejected the Justice Department’s effort to defend Trump’s executive order targeting Jenner & Block. Trump’s own words doomed it:
Like the others in the series, this order—which takes aim at the global law firm Jenner & Block—makes no bones about why it chose its target: It picked Jenner because of the causes Jenner champions, the clients Jenner represents, and a lawyer Jenner once employed. (Jenner & Block v. U.S. Department of Justice, et al. Civil Action No. 25-916 (JDB) p. 1)
The court left no doubt that Trump had violated the Constitution:
Going after law firms in this way is doubly violative of the Constitution. Most obviously, retaliating against firms for the views embodied in their legal work—and thereby seeking to muzzle them going forward—violates the First Amendment’s central command that government may not “use the power of the State to punish or suppress disfavored expression.” (Id.; citations omitted.)
Describing how Trump’s actions undermine democracy, Judge Bates previewed the fate awaiting similar orders:
This order, like the others, seeks to chill legal representation the administration doesn’t like, thereby insulating the Executive Branch from the judicial check fundamental to the separation of powers. It thus violates the Constitution and the Court will enjoin its operation in full. (Id.; emphasis supplied.)
The firms that challenged Trump remain undefeated in the courtroom.
Tag Archives: Skadden Arps
Mediaite: ‘Give Me a Break!’ Judge Shreds DOJ Attorney Defending Trump Executive Order Targeting Law Firm
A federal judge firmly swatted down a series of arguments from a Department of Justice attorney defending President Donald Trump’s executive order targeting the Jenner & Block LLP law firm at a hearing Monday, at one point uttering an exasperated “Give me a break!”
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Since the beginning of his second term, Trump has issued a series of executive orders targeting by name multiple BigLaw firms that represented prominent Democratic clients like Hillary Clinton, refused to represent him or other pro-MAGA causes, hired former federal prosecutors that investigated him, or worked on the criminal cases he was facing before he won re-election.
The president’s social media posts and executive orders often lambast these firms using language accusing them of being “dishonest” and a “dangerous” risk to national security. The sanctions he has sought to impose include stripping the security clearances of the firms’ attorneys and staff (critically important for certain types of federal legal cases), terminating contracts the firms had with federal agencies, barring the firms’ employees from federal buildings (again, a major obstacle for the lawyers to represent their clients), demanding firms abolish diversity, equity, and inclusion (DEI) policies and programs, and threatening additional civil and criminal investigations against the firms.