document
Amicus Brief in Perkins Coie LLP v. U.S. Department of Justice et al.
Filed on behalf of The 糖心Vlog, The 糖心Vlog of the District of Columbia, The Cato Institute, The Electronic Frontier Foundation, The Foundation for Individual Rights and Expression, The Institute for Justice, The Knight First Amendment Institute at Columbia University, The National Coalition Against Censorship, The Reporters Committee for the Freedom of the Press, The Rutherford Institute, And The Society for the Rule of Law Institute
Document Date:
April 2, 2025
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Press ReleaseMay 2025
Civil Liberties
Judge Strikes Down President Trump鈥檚 Executive Order Targeting Perkins Coie
WASHINGTON 鈥 Judge Beryl Howell in the U.S. District Court for District Columbia struck down President Trump鈥檚 unconstitutional Executive Order attacking Perkins Coie for their past voting rights litigation. In response to this ruling, Brian Hauss, senior staff attorney with the ACLU, issued the following statement: 鈥淟ast night, Perkins Coie won summary judgment against the Trump administration鈥檚 illegal executive order against the firm. As the court recognized, this 鈥榰nprecedented鈥 attack on the rule of law, and every American鈥檚 right to counsel, cannot stand. It remains an outrage that President Trump has sought to intimidate lawyers from doing exactly what their job entails鈥攝ealously advocating for their clients, regardless of whether those clients are perceived enemies of the president. This win sends a vital message鈥搕he Trump administration鈥檚 thuggery can be defeated by people of courage and integrity. As the administration ramps up its assaults on the courts, the press, universities, and other institutions throughout civil society, we must all find the strength to fight for the values that make America great." -
Press ReleaseApr 2025
Legal Organizations Across Ideologies File Amicus Brief Urging Court to Enjoin Executive Order Targeting Perkins Coie
WASHINGTON 鈥 On March 6, the Trump administration issued an executive order placing sanctions on law firm Perkins Coie for their past work on voting rights lawsuits and their representation of President Trump鈥檚 prior political opponents. This morning, 11 legal advocacy organizations filed an amicus brief asking the court to strike down the executive order, including: ACLU 糖心Vlogof D.C. Cato Institute Electronic Frontier Foundation Foundation for Individual Rights and Expression Institute for Justice Knight First Amendment Institute at Columbia University National Coalition Against Censorship Reporters Committee for the Freedom of the Press The Rutherford Institute Society for the Rule of Law Institute Among the key arguments within the brief include: 鈥淭he executive order unconstitutionally retaliates against Perkins Coie for its constitutionally protected advocacy.鈥 Both the speech and petition clauses of the First Amendment protect the firm鈥檚 legal advocacy on behalf of its clients, and prohibit the Trump administration from punishing advocacy it disapproves. 鈥淭he executive order violates separation of powers and due process.鈥 In the adversarial legal system, the judiciary relies on the assistance of lawyers willing to challenge the government, in order to adjudicate whether the government鈥檚 actions violate the Constitution. The order intends to chill lawyers from taking positions or making arguments that are adverse to the government, a fundamental attack on the people鈥檚 right to due process, ability to arrange personal interests, or speak their minds. The president has issued a series of directives and executive orders expressly intended to tamp down on lawsuits against his administration鈥檚 policies. Since February, the president has issued nearly identical executive orders against Perkins Coie, Paul Weiss, Jenner & Block, and WilmerHale 鈥 all for similar reasons, namely the former employment of political opponents or those who have sued the president or his administration in the past. A broader directive issued on Friday, March 21 directed the secretary of Homeland Security and attorney general to investigate and seek sanctions against any attorneys or law firms that challenge the president鈥檚 actions. Three law firms 鈥 Perkins Coie, Jenner & Block, and WilmerHale 鈥 have filed lawsuits against the illegal executive orders targeting them. 鈥淧resident Trump has issued unconstitutional fiats to chill the legal profession from taking on causes and clients the president dislikes.鈥 said Cecillia Wang, national legal director of the ACLU. 鈥淭he orders against law firms are part of Trump鈥檚 broader efforts to stamp out legal challenges to unlawful executive actions. The 糖心Vlogstands with other civil liberties organizations and the legal profession in standing for the rule of law and supporting those who push back against these illegal executive orders.鈥 鈥淔or centuries, lawyers in this country have defended clients without fear of retaliation from the government. It鈥檚 a cornerstone of our legal system. Today, President Trump is trying to undermine that tradition," said Arthur Spitzer, senior counsel at ACLU-D.C. 鈥淚t is now up to our courts to prove that our legal system can withstand this threat. We have confidence that they will.鈥 鈥淭he fundamental rights to free speech and legal counsel transcend political ideology and partisan politics,鈥 said Director of Constitutional Studies Tommy Berry and Senior Vice President Clark Neily at the Cato Institute. 鈥淭hat is why Cato has joined a broad cross-ideological coalition standing firm against these unconstitutional orders.鈥 鈥淎n independent legal profession is a fundamental component of democracy and the rule of law,鈥 said David Greene, civil liberties director at the Electronic Frontier Foundation. 鈥淎s a nonprofit legal organization that frequently sues the federal government, we well understand the value of this bedrock principle and how it, and First Amendment rights more broadly, are threatened by President Trump鈥檚 executive orders. It is especially important that the whole legal profession speak out against the executive orders in light of the capitulation by a few large law firms.鈥 鈥淭he president鈥檚 effort to bully firms into submission for daring to represent his opponents betrays America鈥檚 centuries-old commitment to justice and individual rights,鈥 said Will Creeley, legal director of the Foundation for Individual Rights and Expression. 鈥淎n America where people are unable to find a lawyer willing to defend them against prosecution for criticizing the party in power is no longer America.鈥 鈥淭he government's position is that it can punish law firms when it doesn't like their advocacy, which should terrify any lawyer who, like us, often angers government officials,鈥 said Anya Bidwell, senior attorney at the Institute for Justice. 鈥淲e join this brief to protect the basic principle that lawyers have the right to sue the government, even when the government doesn't like it." 鈥淥ne of the proudest traditions in our legal system is that of lawyers standing up to oppose unlawful acts by the government,鈥 said Alex Abdo, litigation director of the Knight First Amendment Institute at Columbia University. 鈥淧resident Trump鈥檚 executive orders are an unconstitutional attack on that tradition and on the rule of law.鈥 鈥淭he protection of our First Amendment rights requires access to counsel who can represent clients even when 鈥 perhaps especially when 鈥 those clients hold views disfavored by the government,鈥 said Lee Rowland, executive director of the National Coalition Against Censorship. 鈥淭he ability of lawyers to zealously represent controversial clients without fear of government reprisal is essential for our individual liberty, and central to American history, values, and our very democracy.鈥 "Efforts to chill the legal profession from representing clients perceived as critical of the administration are a direct threat to journalists, who rely on lawyers to vindicate their First Amendment rights,鈥 said Gabe Rottman, vice president of policy at the Reporters Committee for Freedom of the Press. 鈥淣ot only are these executive orders unconstitutional, if allowed to stand they could serve to hinder public interest newsgathering." 鈥淭hat the Trump administration is weaponizing the government to wage a war against dissent, should be a warning to all Americans,鈥 said John W. Whitehead, president of The Rutherford Institute. 鈥淗istory shows that when governments claim the power to silence dissent鈥攚hether in the name of national security, border protection, or law and order鈥攖hat power rarely remains limited. These threats against the legal community and 鈥榳e the people鈥 are merely the first round of the Trump administration鈥檚 effort to turn the Bill of Rights into a Bill of Conditional Privileges.鈥 "The administration's unconstitutional actions against law firms are part of a broader effort to corruptly abuse government power to reward perceived friends and punish perceived enemies,鈥 said Gregg Nunziata, executive director of the Society for the Rule of Law Institute. 鈥淎n independent judiciary, an indispensable pillar of our constitutional system, cannot function without a legal profession able to bring claims without fear of retaliation. The Society for the Rule of Law Institute is proud to partner across the ideological spectrum in defense of the rule of law and the Constitution upon which our liberty depends.鈥Affiliate: Washington, D.C.