ACLU Comment on the Trump Administration Dropping Its Defense of Law Firm Sanctions

WASHINGTON – Today, the Justice Department formally dropped its appeals from four court rulings in cases challenging the president’s executive orders aimed at sanctioning four major law firms: Jenner & Block, WilmerHale, Perkins Coie, and Susman Godfrey.

These orders imposed punishment on the targeted firms in retaliation for their First Amendment-protected work on lawsuits disfavored by the president – including challenges to his immigration and LGBTQ policies – and their past employment of attorneys the president views as his political or legal adversaries, such as Robert Mueller.

“The Trump administration finally admits what everyone knew on Day 1: There is no way to defend these unconstitutional executive orders,” said Brian Hauss, deputy director of the ACLU's Speech, Privacy & Technology Project. “This shameful assault on the rule of law has failed, thanks to the brave lawyers who refused to compromise their integrity."

While President Trump's executive orders targeted a number of law firms, four of the targeted law firms – Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey – filed lawsuits against the illegal executive orders targeting them. In response, the ACLU and a cross-ideological group of legal advocacy organizations filed amicus briefs asking courts to strike down the orders. Every court that reviewed the executive orders held that they violated the Constitution.

“Today’s action by the Justice Department confirmed that President Trump cannot punish law firms for representing clients he doesn’t like," said Arthur Spitzer, senior counsel at ACLU-D.C. “Unfortunately, this confirmation came after the president imposed enormous costs on the firms and the legal system. Still, our legal system ultimately rebuffed a significant threat.”