March 20, 2026


Biglaw Firms Challenge Executive Orders in Spirited D.C. Circuit Showdown

The courtroom drama surrounding the Executive Orders issued by Donald Trump against prominent Biglaw firms Jenner & Block, WilmerHale, Perkins Coie, and Susman Godfrey has reignited, as the Department of Justice (DOJ) reasserts its intent to appeal previous court decisions declaring the orders unconstitutional.

Initially, the DOJ had withdrawn its appeal, only to reverse its decision a day later, leading to a whirlwind of legal maneuvers that have now culminated in the U.S. Court of Appeals for the D.C. Circuit greenlighting the continuation of the appeals process. The court has scheduled oral arguments for May 14, setting the stage for the administration to defend the controversial orders.

Last year, Trump's issuance of these Executive Orders targeted the firms for a variety of reasons, including their representation of clients he disfavored, their diversity initiatives, and perceived insufficient allegiance to his MAGA agenda. This aggressive move was met with staunch resistance from the legal community, prompting lawsuits by the targeted firms. The initial rulings from federal judges, including appointees from both sides of the political spectrum, unanimously deemed the Executive Orders as retaliatory and unconstitutional.

In a dramatic display of legal back-and-forth, the DOJ's recent filings argue that the Executive Orders were a legitimate use of presidential power, citing compliance by other major firms as proof of their constitutionality. The DOJ highlighted the acquiescence of nine other prominent Biglaw firms, including Kirkland & Ellis and Skadden, as evidence supporting the orders.

The four firms challenging the orders are expected to submit their briefs by March 27, with the DOJ's response due by April 10. The upcoming oral arguments will scrutinize whether such targeted retaliatory actions fall within the scope of "core presidential powers."

This legal battle not only tests the limits of executive authority but also underscores the ongoing tensions between the White House and the legal establishments that challenge or critique its policies. As the D.C. Circuit prepares to hear the case, the legal community and observers nationwide await a decision that could have broad implications for the balance of power between the executive branch and independent legal firms.