Targeting by Donald Trump
On March 6, 2025, President Donald Trump signed executive order 14230 that barred the federal government from using Perkins Coie's services, suspended the security clearances of attorneys working for the firm, barred attorneys of the firm from entering federal office buildings, and ordered departmental reviews with the intention of ending government contracts with the clients of Perkins Coie.[57][58][59] The order accuses Perkins Coie of "dishonest and dangerous activity". It also accused the firm of racial discrimination, as part of the Trump administration's campaign against diversity, equity and inclusion measures.[58]
The order was part of a larger campaign by the Trump administration to punish law firms that had worked for his political opponents.[59][60] A similar order, executive order 14237, signed on March 14, targeted law firm Paul, Weiss, Rifkind, Wharton & Garrison (known as "Paul, Weiss"); however this order was rescinded a week later after Paul, Weiss committed to reforms.[61] According to The Washington Post, "the move could have a chilling effect on law firms’ willingness to take on clients and cases that run counter to the Trump administration, challenging a fundamental tenet of the rule of law in the United States that everyone should have access to legal representation."[59]
The executive order raised concerns regarding Perkins Coie's First Amendment rights to freedom of speech, as it targets the firm based on the clients they represent; critics have argued that this represents an unconstitutional form of viewpoint discrimination.[62] Further concerns have been raised that the order violates the right to due process granted by the Fifth Amendment, as Perkins Coie had not been given notice of governmental actions against it, nor had it been given a chance to respond prior to the implementation of the order.[58] Some have argued that it also violates the right to counsel granted by the Sixth Amendment.
A spokesperson for Perkins Coie has said the order "is patently unlawful, and we intend to challenge it".[60] On March 10, 2025, Perkins Coie retained Williams & Connolly, a firm known for its aggressive approach to suits against the federal government, in response to the executive order.[63][64][65] Perkins Coie's decision to challenge the order, along with Williams & Connolly's decision to accept the case, were viewed as notable exceptions from the larger legal industry's relative unwillingness to publicly confront the administration.[40][66]
They filed suit in the US District Court for the District of Columbia the next day, and the case was assigned to Judge Beryl Howell, who entered a temporary restraining order that blocked most of the provisions of Trump's executive order. She said that Trump's action "sends little chills down my spine".[67][68] The Trump administration moved to have Howell disqualified from the case, alleging that she had "repeatedly demonstrated partiality against and animus towards the president", but their motion was denied by Howell.[69]
507 law firms signed an amicus brief, on April 4, 2025, in support of Perkins Coie's motion for a permanent injunction of the March 6, 2025 Executive Order, as violating the First, Fifth, and Sixth Amendments of the U.S. Constitution.[70]
On May 2, 2025, Judge Howell ruled that the executive order violated the First, Fifth, and Sixth Amendments to the Constitution, and permanently blocked the administration from enforcing it.[71][72]