The nation’s legal profession is being split between those that want to fight back against President Trump’s attacks on the industry and those that prefer to engage in the art of the deal.
Two big firms sued the Trump administration on Friday, seeking to stop executive orders that could impair their ability to represent clients. The lawsuits filed by Jenner & Block and WilmerHale highlight how some elite firms are willing to fight President Trump’s campaign targeting those he doesn’t like, while others like Paul Weiss and Skadden have cut deals to appease the president.
In recent weeks, Mr. Trump has issued similarly styled executive orders against firms that he perceives as enemies and threats to national security. The orders could create an existential crisis for firms because they would strip lawyers of security clearances, bar them from entering federal buildings and discourage federal officials from interacting with the firms.
“I am heartened by the fact that Jenner and Wilmer are joining Perkins in pushing back on these illegal executive orders. It shows that capitulation is not the only route,” said Matthew Diller, a law professor and former dean of Fordham University School of Law. “In the long run, it will strengthen their reputations in the market as forceful advocates who stand up for principle, a quality that many clients will value.”
Jenner & Block said in a statement that its suit was intended to “stop an unconstitutional executive order that has already been declared unlawful by a federal court.” A third firm, Perkins Coie, has also sued the Trump administration over the same matter, and had some early success in stopping the executive order.
Jenner & Block also created a website — Jenner Stands Firm — to publicize its filing and to highlight newspaper editorials criticizing the executive orders and comments from law school professors questioning the legality of Mr. Trump’s actions.