Introduction

Legal firms Jenner & Block and WilmerHale are actively contesting the Executive Orders (EOs) issued during Donald Trump’s administration, marking a significant stand against what they consider attacks on the rule of law. Both firms have achieved initial court victories, including temporary restraining orders that halt the EOs’ enforcement, and they are currently pursuing a permanent injunction.

Jenner & Block’s Legal Strategy

In their latest court filing, Jenner & Block criticized rival firm Paul Weiss for aligning itself with the Trump administration’s priorities. The filing asserts that Paul Weiss’s actions represent a significant shift in its legal stance, including a noted dismissal of a former partner who conducted an investigation into the president. Jenner’s submission underscores concerns over how such alignments could harm client advocacy:

“The Order should be declared unlawful and permanently enjoined in full because it reflects a single, unified policy sanctioning Jenner for constitutionally protected activity.”

Jenner contends that the EO utilizes various government measures to undermine the firm’s ability to advocate effectively for its clients, arguing that the entire order is unlawful.

WilmerHale’s Approach

Similarly, WilmerHale has filed a motion aimed at permanently blocking the administration’s Executive Order. One firm spokesperson articulated the firm’s motivation, stating:

“Today our firm filed a motion to permanently block the Administration’s unlawful Executive Order attacking our firm. We take this step as part of our steadfast commitment to protecting our firm, our people, and – above all – our clients.”

WilmerHale’s legal arguments assert that the EO represents a form of viewpoint discrimination, coercing law firms into either facing punitive measures for undesirable representations or budgetary constraints in favor of government-aligned cases. Their brief emphasizes the broader implications on constitutional rights, stating that:

“Simply put, blacklisting and sanctioning law firms for representing the President’s political opponents… is anathema to our constitutional order.”

Government’s Defense

In response, the government has filed motions to dismiss both Jenner & Block and WilmerHale’s lawsuits, asserting that the EOs in question are fundamentally legal. The administration’s stance emphasizes its belief in the legitimacy of its directives.

Conclusion

The ongoing legal battles between prestigious law firms and the Trump administration will likely continue to highlight important issues related to legal ethics, the protection of constitutional rights, and the relationship between legal representation and political affiliations. As Jenner & Block and WilmerHale strive for a more permanent resolution, the outcome of these cases may have lasting implications for the legal landscape in the United States.