Hundreds of law firms and former judges have signed onto friend-of-the-court briefs in support of Perkins Coie as the law firm challenges President Trump’s executive order targeting it.
More than 500 law firms and 300 retired judges asked for leave to file two amicus briefs condemning Trump’s order stripping security clearances from and severing government ties with the major law firm, which previously did work for Democrats.
“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) that is at issue in this litigation,” wrote Donald Verrilli, a former solicitor general under President Obama, in the law firms’ brief.
The brief asks U.S. District Judge Beryl Howell, who is overseeing the Perkins Coie challenge, to decide the case in the law firm’s favor and indefinitely block Trump’s order.
Few Big Law firms signed the brief, though Covington & Burling, WilmerHale and Jenner & Block — others targeted by Trump in executive orders — did. The firms Arnold & Palmer and Freshfields LLP also signed the brief.
Gupta Wessler LLP, whose founding principal, Deepak Gupta, is leading numerous challenges to Trump’s executive actions, signed the brief as well.
The amicus brief signed by the judges, whose “views on political and social issues vary,” argued that zealous legal representation is an “indispensable element of the rule of law.”
“Amici share an interest in ensuring both the substance and the appearance of justice in the adjudication of disputes,” their brief reads. “This requires — always — preserving the freedom of lawyers to advocate for their clients with candor and with zeal, thus providing judges with the complete legal and factual record needed for fair adjudication.”
Trump’s crackdown on major law firms has raised alarm across the legal industry, but Big Law has split on how to respond.
While Perkins Coie, WilmerHale and Jenner & Block, have each sued over Trump’s executive orders against them, the law firms Paul, Weiss; Skadden Arps; Willkie Farr & Gallagher; and Milbank have struck deals with Trump. The settlements commit to pro bono work for causes championed by the administration and other agreements.
In the Perkins Coie challenge, a federal judge has temporarily blocked parts of Trump’s executive order from being enforced. The administration may not prevent Perkins Coie personnel from entering federal government buildings nor require government contractors to disclose if they do business with the firm.
Howell, who issued the temporary restraining order, said at the time that Trump’s executive order against Perkins Coie likely violates the First Amendment for retaliating against protected speech and likely runs afoul of due process protections.
“The judiciary should act with resolve — now — to ensure that this abuse of executive power ceases,” Verrilli wrote on behalf of the law firms.
