April 24, 2026


D.C. Circuit To Hear Biglaw EO Cases With Top Advocate and a Controversial Judge

In a legal showdown that is drawing national attention, the D.C. Circuit is set to hear arguments on May 14 regarding former President Donald Trump’s controversial executive orders against four prominent law firms. Representing the firms is Paul Clement, a conservative legal heavyweight and former Solicitor General under President George W. Bush, who will be arguing that the orders are unconstitutional.

The firms involved, Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey, took a bold stand against what they perceive as retaliatory actions by the Trump administration aimed at punishing them for their political affiliations and legal challenges against Trump. The executive orders have been criticized for violating several constitutional protections including the First Amendment and the right to due process.

Despite initial reluctance, the Department of Justice (DOJ) has decided to defend the executive orders in court after a brief period during which they had dropped the appeal. This reversal, reportedly after direct intervention from Trump, has added another layer of drama to the case, with the DOJ now having to argue a position that even they had previously admitted might be indefensible.

The panel of judges assigned to hear the case includes Chief Judge Sri Srinivasan, Judge Cornelia Pillard, and Judge Neomi Rao. Both Srinivasan and Pillard were appointed by President Obama, while Rao, a Trump appointee, has shown strong allegiance to the administration that nominated her. Known for her ambitious judicial philosophy closely aligned with Trump’s agenda, Rao’s involvement in this case has sparked discussions about her potential aspirations for a Supreme Court nomination.

Legal observers are particularly focused on Rao, who has been criticized in the past for her rulings that seem to favor the executive branch, earning her the moniker "Judge Thirsty" for her apparent eagerness to ascend to the Supreme Court. Her record suggests she might oppose the firms’ arguments regardless of the overwhelming judicial consensus against the executive orders, which have been universally struck down in lower courts.

As the hearing approaches, the legal community and the public alike are bracing for what promises to be a contentious battle not only over the legality of the executive orders but also over the broader implications for judicial independence and the rule of law in the face of political pressures. The outcome at the D.C. Circuit could very well pave the way for a Supreme Court challenge, adding yet another layer of complexity and national significance to the case.