The U.S. Justice Department announced on Tuesday its decision to continue pressing forward with efforts to revive President Donald Trump’s executive orders aimed at penalizing four prominent law firms. This move came suddenly after the department had initially sought to withdraw its appeals in these cases just a day earlier.
Last year, the Trump administration appealed federal court rulings that invalidated executive orders targeting Perkins Coie, WilmerHale, Jenner & Block, and Susman Godfrey due to their legal work, diversity initiatives, and political associations. On Monday, the administration requested the U.S. Court of Appeals for the District of Columbia Circuit to dismiss its appeals. However, on Tuesday, the Justice Department reversed course and asked the court to retract its request.
In its filing, the government stated that it is within the administration’s authority to pursue the appeals without elaborating on the change of stance. The White House deferred comment to the Justice Department, which declined to provide further information.
The four law firms expressed their opposition to the government’s sudden request to withdraw the previously agreed-upon voluntary dismissal in a statement to the appeals court.
President Trump had issued the executive orders last year, accusing the law firms of engaging in discriminatory practices under the guise of diversity and using the legal system against him and his allies. The orders aimed to limit the firms’ access to federal facilities and terminate government contracts involving their clients, citing their connections to Trump’s adversaries.
Federal judges, appointed by presidents from both political parties, invalidated the orders last year, ruling that they infringed on the firms’ constitutional rights, including freedom of speech. The rulings emphasized the chilling effect on the legal profession, with Judge John Bates and Judge Beryl Howell expressing strong criticism of the government’s actions.
Nine prominent law firms, including Paul Weiss, Skadden Arps, Latham & Watkins, and Kirkland & Ellis, reached settlements with the White House last year to avoid or reverse similar punitive measures. These firms collectively pledged close to $1 billion in pro bono legal services for causes agreed upon with the administration, asserting that these actions aligned with their core values.