DOJ reverses decision to voluntarily withdraw appeal in case against law firms News
Bjoertvedt, CC BY-SA 3.0, via Wikimedia Commons
DOJ reverses decision to voluntarily withdraw appeal in case against law firms

The US Department of Justice (DOJ) revived proceedings against four law firms on Tuesday, continuing its appeal of lower court decisions that invalidated President Donald Trump’s executive orders targeting the firms.

After filing a motion to drop the consolidated case against law firms Jenner & Block, WilmerHale, Perkins Coie and Susman Godfrey on Monday evening, DOJ attorneys revived the suit the following day. Attorneys representing the firms, after agreeing to the withdrawal, argued the court should deny defendants request to retract it.

“Plaintiffs-Appellees oppose the government’s unexplained request to withdraw yesterday’s voluntary dismissal, to which all parties had agreed,” plaintiffs argued. “Under no circumstances should the government’s unexplained about-face provide a basis for an extension of its brief.”

However, DOJ attorneys countered that the court had not yet granted the motion to withdrawal from the case and that plaintiffs would suffer no prejudice in reviving it.

Over the past year, multiple district courts permanently enjoined executive orders that specifically targeted each firm. The orders generally sought to sever the firms’ ability to contract with the federal government, claiming that the firms engaged in partisan “lawfare” practices that harmed national interests. Many practices the administration condemned involved work tied to DEI initiatives or challenges to administration policies. Courts have consistently found the orders to be gross overreaches of executive power, violating the First, Fifth, and Sixth amendments, among other constitutional protections.

“Yesterday evening, the Administration told the Court that it gave up and wouldn’t even try to defend its unconstitutional executive orders. Today, it reversed course,” Susman Godfrey said in a statement. “Regardless, Susman Godfrey will defend itself and the rule of law—without equivocation.”

The consolidated case comes before the Court of Appeals for the District of Columbia Circuit. The court has yet to comment on either DOJ filing.

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