US law firm Perkins Coie asked a federal court on Wednesday to permanently block President Donald Trump’s administration from enforcing an executive order imposing sanctions against the firm.
Perkins Coie said that the order “retaliates and discriminates” against the law firm in violation of the rights to free speech, association, and petition under the First Amendment to the US Constitution. The firm also claimed the sanctions interfered with the Sixth Amendment right to counsel and lacked “even a pretense of due process” in violation of the Fifth Amendment.
The law firm stated:
The Constitution does not permit our elected leaders, from any party, to punish lawyers by fiat for representing clients who oppose their political agendas. It would set a grave precedent for our Republic if the Order were allowed to stand … The public interest – and the very functioning of our society – demand a permanent injunction.
Judge Beryl A. Howell of the US District Court for the District of Columbia temporarily blocked the Trump administration from enforcing a majority of the order last month, and the US Department of Justice (DOJ) filed a motion on Wednesday asking her to reconsider that ruling.
Trump signed the executive order on March 6, citing the firm’s representation of former presidential candidate Hillary Clinton and its attempt to “steal” the 2016 presidential election. Trump also claimed the firm used hiring quotas that were “racially discriminatory[ory],” emphasizing his administration’s commitment to ending “diversity, equity, and inclusion” (DEI) policies. The sanctions against the firm included the suspension of individual security clearances, the termination of federal contracts, and the restriction of employee access to federal buildings.
The president began implementing such sanctions against major US law firms in February, claiming the firms have engaged in conduct that is “detrimental to critical American interests.” In his executive orders, Trump has frequently cited the firms’ use of DEI hiring policies as well as their representation of his political opponents and individuals who have prosecuted him.
Perkins Coie is one of several firms that have sued the administration in response to the orders. Last week, two federal judges blocked the president’s executive orders targeting the law firms WilmerHale and Jenner & Block.
Other firms targeted by Trump have instead opted to negotiate with the White House, choosing to avoid litigation. Milbank, for instance, agreed on Wednesday to commit $100 million in pro bono legal services to the Trump administration and agreed not to engage in DEI hiring policies. Skadden, Willkie Farr & Gallagher, and Paul Weiss have reached similar deals.
The orders have been met with significant criticism, with 79 US law school deans issuing a joint letter denouncing the sanctions as unconstitutional. Last month, 17 bar societies and law associations from around the world also urged the Trump administration to rescind the orders, cease any harassment against legal professionals, and abide by the UN Basic Principles for the Role of Lawyers.