DOJ Resurrects War With Law Firms Despite Major Legal Blows

The Trump administration is going to defend the president’s executive orders targeting law firms one day after apparently deciding to stop the fight in court. 

Administration lawyers asked an appeals court Monday if it could pull back from appealing its losses to the law firms. But the next morning, The New York Times reports, the Department of Justice suddenly flip-flopped, emailing the four law firms fighting the orders that it would file a motion to withdraw its dismissal.  

President Trump’s executive orders sought to prevent law firms that went against him from doing business with the government, and threatened their clients with the loss of government contracts. While some firms capitulated, such as Skadden and Paul Weiss, Perkins Coie, WilmerHale, Jenner & Block, and Susman Godfrey decided to challenge the orders in court. 

The firms notched several victories, with judges ruling in favor of WilmerHale, Perkins Coie, Susman Godfrey, and Jenner & Block in multiple rulings. Until Tuesday, the administration was going to back down in the face of these losses, but then changed its mind. It’s not clear why the Trump administration decided to reverse course, or if the court will let the DOJ undo its dismissal. 

An unnamed administration official told the Times that the White House Counsel’s Office was discussing the next course of action. Did Trump himself personally intervene, or is the DOJ and White House not on the same page? 

This story has been updated.