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DOJ Reverses Itself, Moves to Keep Appeals Over Trump’s Law-Firm Orders Alive

The sudden reversal leaves district-court rebukes intact pending direction from the D.C. Circuit.

Overview

  • After moving Monday to voluntarily dismiss its appeals, the Justice Department within about 24 hours asked to withdraw that request and continue the cases, offering no public explanation.
  • Perkins Coie, WilmerHale, Jenner & Block, and Susman Godfrey previously won rulings from four federal judges who found the executive orders unconstitutional under the First, Fifth, and Sixth Amendments.
  • The challenged directives sought to suspend attorneys’ security clearances, bar access to federal buildings, and threaten federal contracting for the firms and their clients.
  • The four firms objected to DOJ’s about-face, and the appeals court has not yet ruled on the government’s bid to proceed as briefing deadlines approach.
  • Separate settlements by nine other major firms remain in place, with roughly $940 million in pro bono commitments that critics say reflect a continuing chill on the legal industry.