Attorney General Jennifer Davenport co-led a coalition of 21 attorneys general in an amicus brief filed today in the D.C. Circuit Court of Appeals supporting four law firms that were targeted by President Trump in a series of unprecedented, unconstitutional executive orders in 2025.
The law firms — Jenner & Block LLP, Perkins Coie LLP, Wilmer Cutler Pickering Hale LLP, and Susman Godfrey LLP — are challenging these unconstitutional executive orders, which imposed severe sanctions on the firms in direct retaliation for their work on causes disfavored by the Trump Administration.
“It is darkly ironic, frankly, that during America’s 250th anniversary, President Trump is continuing his crusade to rip apart the very foundations of the rule of law embedded in the Constitution,” said Attorney General Davenport. “The legal profession depends on attorneys being able to represent clients independent of political pressure. If this isn't true, and law firms can't practice without fear of being punished by the President, what remains of the rule of law? We must fight back.”
In March and April 2025, President Trump issued executive orders retaliating against law firms whose advocacy, clients, and personnel he dislikes, for purely political reasons. These orders required federal officials to suspend any active security clearances held by individuals at the law firms, to refuse to engage with or hire employees of these firms, and to deny the law firms’ personnel entry to federal buildings. The orders also directed federal contractors to disclose any business they do with the law firms so that agencies can terminate any contract with the firms.
Four different district judges have recognized that these executive orders are unconstitutional in several respects, including because they are retaliatory and viewpoint discriminatory in violation of the First Amendment. In particular, the orders seek to punish the law firms for purportedly supporting the President’s political opponents, for defending the integrity of the 2020 election, for their commitment to diversity, equity, and inclusion, and for their expression of other disfavored viewpoints.
As the amici states write, the willingness of lawyers to represent such causes without fear of reprisal is vital for the rule of law, our system of justice, and our democracy. The executive orders threaten this foundational principle, and the Court of Appeals must affirm the district court orders, the brief states.
If the orders are allowed to stand, states and their residents will suffer harm by making it more difficult for many potential clients—especially those who currently rely on pro bono representation—to obtain legal services and vindicate their rights in court. The brief notes several instances where this is already happening.
The amicus brief argues that the administration’s unconstitutional actions are a gross abuse of authority and that they threaten the rule of law. A fair and functioning judicial system depends on lawyers being willing to work on controversial cases or represent unpopular clients without fearing retribution by the federal government.
The coalition was led by Attorney General Davenport, Illinois Attorney General Kwame Raoul, Massachusetts Attorney General Andrea Campbell, and Washington Attorney General Nick Brown. Joining them are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New York, Oregon, Rhode Island, Vermont, Virginia, and the District of Columbia.
