Over the past six weeks, President Trump has issued a series of executive orders targeting law firms whose advocacy, clients or personnel he dislikes. Those orders direct federal agencies to punish these lawyers and their clients, including by suspending their security clearances, refusing to hire them, denying them entry into federal buildings and courthouses and ordering agencies to terminate any contracts with them. These orders are unconstitutional, retaliatory and a threat to the rule of law.
Since the founding of this country, the First Amendment has ensured that lawyers are protected when embracing their responsibility to represent disfavored clients and causes. President Trump’s retaliatory orders attempt to defy those protections. Many law firms have shown courage in the face of these unlawful threats. For example, Perkins Coie; Jenner & Block LLP; WilmerHale; and Susman Godfrey LLP have each filed suit to stop the unconstitutional actions taken against them. Those firms are represented by Williams & Connolly LLP; Cooley; Clement & Murphy PLLC; and Munger, Tolles & Olson LLP, and hundreds of additional firms have offered friend-of-the court and other support. The actions of these firms represent the best of our profession.
But many firms have capitulated. Paul, Weiss, Rifkind, Wharton & Garrison LLP was the first to enter an agreement with President Trump. Soon thereafter, Skadden, Arps, Slate, Meagher & Flom; Willkie Farr & Gallagher; and Milbank reached similar deals. And on Friday, five additional firms — Kirkland & Ellis; Latham & Watkins LLP, A&O Shearman, Simpson Thacher & Bartlett LLP; and Cadwalader, Wickersham & Taft LLP — followed suit. In addition to limitations on the firms’ diversity, equity and inclusion policies, the agreements require the firms to dedicate a total of nearly $1 billion in free legal services to President Trump’s preferred causes.
The capitulation to these unlawful threats inflicts harm on Illinoisans, our judicial system and the rule of law. A just and well-functioning judicial system depends on the willingness of lawyers to take on difficult cases or unpopular clients without retribution by their government. Without that representation, courts will be denied a full presentation of all arguments necessary to resolve a case in an informed and independent manner.
These actions also make it more difficult for many of our residents to obtain legal services and vindicate their rights. Parties seeking to challenge administration policies or who are disfavored by the president will have difficulty obtaining representation. This burden will fall heavily on members of vulnerable groups, who are disproportionately reliant on law firms’ free legal services for representation.
The legal community is also affected. By pressuring firms not to engage with disfavored parties and causes, the orders interfere with the firms’ ability to choose their clients and their responsibility to help ensure that all parties can access legal services. Lawyers at the capitulating firms now face a difficult choice, causing some, like Chicago-based attorney Rachel Cohen, to resign in protest. And law students, now considering entering the legal profession to uphold the principle of equality in the eyes of the law, are faced with difficult choices that will impact the legal system for a generation.
As Illinois’ attorney general, I have sworn an oath to uphold the Constitution of the United States, and the president’s unconstitutional orders cannot stand. Last month, I sent an open letter to the legal community urging all members of the legal profession to stand together to resist these threats. And last week, I led a friend-of-the-court brief, joined by more than a dozen other states, supporting Chicago-based law firm Jenner & Block’s lawsuit challenging the executive order issued against it.
Our economy, our rights and freedoms as citizens and residents, our lives and livelihoods are all protected by the fair and unbiased application of the law. I will not sit by silently as the president bullies and retaliates against law firms for representing clients who are politically disfavored or vulnerable. President Trump’s actions are an affront to the rule of law, and I urge all members of the legal community to stand strong in support of our colleagues in the face of these unconstitutional attacks.
