On March 25, 2025, the President of the United States issued an executive order, supported by no provision of the U.S. Constitution or any federal statute, entitled “Addressing Risks from Jenner & Block.” The order attacks Jenner & Block’s clients and the issues for which the firm has represented those clients for many years. The order violates the First, Fifth and Sixth Amendments of the U.S. Constitution as well as the bedrock principal of separation of powers between the Executive and Judicial branches of our federal government. Even more concerning is the fact that President Trump has issued numerous other executive orders punishing lawyers and law firms in retaliation for legal representations they have undertaken on behalf of clients and causes he does not like.
It should be clear by now, even to laypersons, that Donald Trump’s Executive Orders seeking to sanction attorneys for doing the work of attorneys pose a grave threat to our country’s system of republican government and the rule of law. The judiciary should act, as it has, to extinguish Donald Trump’s unlawful abuse of executive power and continue to uphold the rule of law. It may be the only thing that stands between us and autocracy.
The Executive Order issued against Jenner & Block, and other orders like it, seeks to intimidate the firm and its lawyers from taking on certain clients and causes. Good luck. Still on the basis of vague, ambiguous and unsubstantiated allegations, the President’s order subjects the entire firm, and its clients and personnel, to severe punishment, including revocation of attorneys’ security clearance, potential loss of clients that contract with the United States, and denial of access to federal buildings and facilities. This includes federal courthouses. Can you imagine forbidding lawyers from entering federal courthouses? It’s simply stunning.
The threat posed by the President’s order against Jenner & Block, and others like it, is not lost on any lawyer practicing law today. A decision to take on controversial representation challenging the actions of the current administration – and there is a lot to challenge – brings with it the risk of retaliation for simply doing your job. Notwithstanding the repeated defeats the administration has suffered in federal courts across the nation, the behavior of the President and his minions threatens the rule of law and our republican form of government. That’s not good.
What would any lawyer worth his or her salt do in the face of this unconstitutional onslaught? Challenge the orders, of course.
The work done by the attorneys who have joined the amicus curiae brief filed on behalf of Jenner & Block is indispensable to the success of our legal system. Some attorneys represent the nation’s largest businesses and financial institutions, which rely on the stability of the rule of law to thrive economically. Other attorneys advocate for the interests of small businesses, non-profits, local governments, and consumer groups, all of whom depend on the impartial administration of justice to protect and advance their clients’ interests. While the amici lawyers hold a wide range of political, social and economic views they are united in their support of our system of justice and the rule of law.
The role of amici is particularly important when a lawyer represents a client challenging the unchecked actions of the Executive. Checking the federal government’s exercise of power – whether infringing upon religious liberty, assaulting freedom of the press, or imposing burdensome regulation – is a vital part of what amici are called to do. This type of litigation necessarily brings lawyers into conflict with the policies and objectives of the Executive. Since the first court enjoined the President’s unlawful actions he has doubled down – as he is want to do – on sanctioning lawyers for representing their clients. This is particularly true with respect to their pro bono work. It’s shameful.
For our system of justice to operate properly, lawyers must be free to advocate zealously for all their clients – whether large or small, rich or poor – without fear of retribution. They must be free to defend the right of every individual to claim the protections of the laws. Marbury v. Madison, 5 U.S. 137, 163 (1803). Without such advocacy, there is no prospect for equal justice under law. Like every lawyer, the members of the amicus law firms have taken an oath to uphold the Constitution and discharge the obligations of the profession to the best of their ability. That oath obliges each of us to be faithful custodians of our nation’s commitment to the rule of law, a commitment that has made it possible for all of us to know that we can turn to the courts to vindicate ours and our client’s civil rights.
As such, we have a special responsibility to stand up now to the unprecedented threats posed by President Trump’s order issued to Jenner & Block and other law firms like it. Please read the amicus curiae brief here. And join us.