Jed Rubenfeld: Donald Trump s War on Big Law

Over the past month, the White House has issued five executive orders targeting big white-shoe law firms associated with prominent anti-Trump lawyers. It s not surprising that Trump would do such a thing. What s strange is that the language of his orders maximizes their own likely unconstitutionality.

The most recent order, issued on March 27, singles out the D.C.-based firm Wilmer Cutler Pickering Hale and Dorr, which employs more than 1,100 lawyers. It revokes security clearances held by WilmerHale attorneys; prohibits the federal government from hiring WilmerHale employees absent a special waiver; orders a review and the possible termination of federal contracts with entities that do business with the firm; calls for the withdrawal of government goods or services from the firm; and calls for restrictions on the ability of WilmerHale employees to enter federal buildings (presumably including federal courthouses) and on their engaging with government employees.

Trump issued similar orders against the Chicago-based Jenner & Block on March 25, the New York-based Paul, Weiss on March 14, the Seattle-based Perkins Coie on March 6, and the D.C.-based Covington & Burling on February 25.

Several of the orders accuse the targeted firms of unlawful discrimination through their DEI policies. The most recent says that WilmerHale “discriminates against its employees based on race and other categories prohibited by civil rights laws, including through the use of race-based targets.

Had the orders stopped there, they would be on much more solid constitutional ground. Instead, they have with increasing candor explicitly targeted the firms for representing causes Trump opposes and associating with lawyers perceived to be adversaries of the president.

via www.thefp.com