Kudos to Chiago-based law firm Jenner & Block for fighting to invalidate President Donald Trump’s executive order revoking the firm’s government contracts, security clearances and access to federal buildings.
In taking these punitive measures, the order cites Jenner’s prior employment of Andrew Weissmann, who worked with special counsel Robert Mueller’s team that investigated Russian interference in the 2016 election, as well as Jenner’s pro bono work representing immigrants. Three other major national law firms have followed Jenner’s lead in suing the administration to block similar executive orders.
So far, all four firms have won preliminary injunctions blocking the orders. Regrettably, however, at least nine other national firms, instead of challenging similar executive orders, quickly cut settlement deals agreeing to eliminate diversity efforts and to perform anywhere from $40 million to $125 million in pro bono work to support the administration’s initiatives.
The Trump administration’s retaliatory executive orders against firms that represent people or views with which it disagrees is unprecedented. If unchecked, the orders will have a chilling effect on the ability to challenge the administration’s policies and practices. The orders will also make it difficult for litigants who are unpopular, or whom the administration opposes, to find legal representation.
I’m not surprised Jenner took the principled approach. Founded in Chicago in 1914, Jenner has a well-deserved reputation for its blockbuster pro bono program. My office and an elderly woman with dementia under our guardianship were beneficiaries of this program when Jenner co-counseled a case with us in the U.S. and Illinois Supreme Courts challenging a forced tax lien sale of the woman’s longtime home over $347 in unpaid property taxes. The firm contributed hundreds of pro bono hours.
Major law firms and bar associations across the country have issued statements supporting Jenner. The Chicago Bar Association explained it “does not view standing for the rule of law as a political or partisan issue. ... Any attempts to intimidate or punish lawyers for representing their clients violate the rule of law, a historical cornerstone of our democracy.”
Unfortunately, according to the The New York Times, several law firms, including one based in Chicago, sought to exploit the executive order targeting a major firm in New York by attempting to poach the firm’s partners and clients. If true, such behavior is regrettable.
The executive orders threaten the rule of law and the most basic norms governing society. Any firm — or business or person for that matter — could be targeted next if they do or say something the administration doesn’t like. Now is the time to come together in a unified front, not to seek to exploit the moment for short-term pecuniary gain.
And, make no mistake, any such gain would be short term. History is watching.
In fact, lawyers are publicly quitting firms that capitulated to the administration. Top law students across the country are looking at how firms are responding as they decide which firms to join.
In the future, this moment will be seen as either a shining light or an embarrassing scar for individual firms, the law profession and society. Hopefully, firms across the country will follow Jenner’s lead and seize the moment to unite and fight for the rule of law.
Charles Golbert is the Cook County public guardian. His office serves as guardian for 700 individuals with cognitive disabilities and represents 6,000 children in abuse, neglect and divorce proceedings.
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