Another loss for Trump as court blocks order against Jenner & Block

A US federal judge has struck down Donald Trump’s executive order targeting Jenner & Block, permanently blocking its enforcement and handing the President another legal defeat in his campaign against firms he deems politically unfriendly.

In a ruling handed down on Friday (23 May), the judge said the 25 March executive order - which banned the firm’s lawyers from federal buildings, revoked their security clearances and sought to terminate its government contracts - was unconstitutional.

"This order, like the others, seeks to chill legal representation the administration doesn’t like, thereby insulating the Executive Branch from the judicial check fundamental to the separation of powers", the judge said.

The decision echoes an earlier ruling in May blocking a similar order against Perkins Coie. Both firms, along with WilmerHale and Susman Godfrey, are challenging the executive orders in court, arguing they’re retaliatory and incompatible with the constitution.

Jenner & Block told the court the order was politically motivated, and left the firm facing a choice between its constitutional rights and its commercial survival. The judge agreed and rejected the claim that the firm posed a national security threat, with counsel highlighting the administration’s own about-turn over similar orders made or threatened against other firms which were reversed or withdrawn when deals were cut.

The White House hasn’t confirmed whether it plans to appeal.

Big Law's split response to Trump’s crackdown

The response from Big Law to Trump’s executive orders has been divided.

While firms like Jenner & Block have opted to fight, others, including Kirkland & Ellis, Latham & Watkins and Paul Weiss, have struck deals with the administration, agreeing to concessions in a bid to avoid further scrutiny and retain key clients. Those concessions mainly take the form of pro bono work for the government, the total value of which now stands at just short of $1 billion.

It's certainly not clear yet if that bet is paying off. Earlier in May, Microsoft reportedly dropped Simpson Thacher - one of the firms that made a deal - from a high-profile piece of litigation and replaced the firm with Jenner & Block.