For
the
second
and
third
times,
federal
judges
issued
Temporary
Restraining
Orders
against
the
Trump
administration
stopping
them
from
enforcing
key
provisions
of
Executive
Orders
targeting
Biglaw
firms.
This
morning
Jenner
&
Block
and
WilmerHale
filed
separate
lawsuits
challenging
the
Trump
administration’s
retaliatory
executive
orders
against
them.
Judge
Beryl
Howell,
the
judge
overseeing
the
similar
Perkins
Coie
case,
was
spared
the
other
Biglaw
cases
and
two
judges
appointed
by
George
W.
Bush
got
the
cases
instead.
Judge
John
Bates
pulled
the
Jenner
case
and
Richard
Leon
nabbed
the
WilmerHale
case.
But
despite
the
far
right’s
obsessive
insistence
that
the
only
reason
the
Trump
administration
keeps
losing
in
court
is
politics,
these
two
conservative
judges
issued
TROs
the
same
day
that
the
lawsuits
were
filed.
As
Judge
Leon
wrote:
“This
prohibition
includes
retaliatory
actions
based
on
perceived
viewpoint.
The
retaliatory
nature
of
the
Executive
Order
at
issue
here
is
clear
from
its
face
–
not
only
from
Section
1,
but
also
from
the
Fact
Sheet
published
the
same
day.
Indeed,
the
Executive
Order
requires
government
contracting
agencies
to
disclose
,
review
,
and
terminate
all
contracts
with
the
plaintiff
–
that
is
Section
3
–
and
restricts
WilmerHale
employees
from
access
to
federal
officials,
buildings,
and
employment
–
that
is
Section
5.
There
is
no
doubt
this
retaliatory
action
chills
speech
and
legal
advocacy,
or
that
it
qualifies
as
a
constitutional
harm.”
Uniquely,
Wilmer
sought
a
TRO
against
section
2
of
the
EO,
which
deals
with
the
security
clearances
of
employees,
but
that
was
denied.
In
granting
Jenner’s
TRO,
Judge
Bates
called
the
EO
“disturbing”
and
“troubling,”
particularly
the
provisions
attacking
the
firm’s
pro
bono
practice,
noting,
“Our
legal
system
relies
on
lawyers
who
advocate
zealously
for
all
clients.”
And
Judge
Bates
noted
the
importance
of
these
cases
for
the
entire
legal
industry,
“Our
legal
profession
as
a
whole
is
watching
and
wondering
whether
courtroom
activities
in
the
best
tradition
of
lawyering
will
cause
the
federal
government
to
turn
its
unwanted
attention
to
them
next.”
For
the
record,
all
three
firms
that
have
challenged
Trump’s
Executive
Orders
have
been
successful
in
these
early
stages
of
litigation.
You
can
read
the
orders
below.
Kathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of
The
Jabot
podcast,
and
co-host
of
Thinking
Like
A
Lawyer.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email
her
with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter
@Kathryn1 or
Mastodon
@[email protected].