Law Firms Unite Against Trump’s Executive Order

A growing legal firestorm is erupting as more than 500 law firms and over 300 retired judges have rallied behind Perkins Coie, a prominent law firm historically associated with Democratic clients, in its challenge to a controversial executive order issued by President Donald Trump. The order, which strips security clearances and severs federal ties with the firm, is being challenged in court as an unprecedented use of presidential power to target perceived political enemies.

Perkins Coie filed its lawsuit in the U.S. District Court for the District of Columbia, where Judge Beryl Howell is overseeing the proceedings. The firm’s central claim is that Trump’s directive is not only retaliatory but also undermines the rule of law and the independence of the legal profession. In support, two powerful friend-of-the-court (amicus) briefs have been submitted, condemning the order in the strongest terms.

One brief, submitted by hundreds of law firms, includes a statement from Donald Verrilli, former U.S. Solicitor General under President Obama. Verrilli emphasized the extraordinary nature of the situation, writing, “Although we do not take this step lightly, our abiding commitment to preserving the integrity of the American legal system leaves us no choice but to join together to oppose the executive order at issue.”

 

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While some of the nation’s biggest legal institutions opted not to sign, several major firms did take the plunge, including Covington & Burling, WilmerHale, and Jenner & Block — all of which have themselves been targets of Trump’s ire in past executive actions. It was backed up by Arnold & Porter and Freshfields LLP, which added to the message that Trump’s actions are a major threat to due process and legal independence.

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The second amicus brief was from a group of more than 300 former judges who were very worried about what the executive order would mean for the freedom of the courts and the split of powers. Their participation shows that Trump’s recent actions have affected more than just politics. They have reached into the court system in ways that have rarely been seen in modern American history.

As a lawyer who has spoken out against many of Trump’s policies, Deepak Gupta of Gupta Wessler LLP is a key figure in planning judicial pushback. According to Gupta and others, the administration has consistently employed executive orders as a blunt instrument, circumventing courts and regulatory agencies to punish adversaries and reward allies.

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This pattern includes more than just civil litigation. Trump has also continued to invoke criminal investigations as a threat, including renewed public suggestions that President Joe Biden should “go to jail.” Meanwhile, his appointee to head the U.S. Attorney’s office in Washington, D.C., has actively scrutinized Democrats and taken steps to remove prosecutors involved in the Capitol riot investigations.

Despite the pressure, some of Trump’s targets are capitulating. In recent weeks, a number of major law firms quietly complied with executive orders, prioritizing survival over courtroom confrontation. However, Perkins Coie is taking a stand — and with the backing of hundreds of legal heavyweights, its case may become a defining moment in testing the limits of presidential authority over private legal institutions.

Whether Judge Howell will grant the request to block Trump’s order remains to be seen, but the unprecedented coalition forming around this case signals that a major confrontation between the legal community and the presidency is well underway.