Federal Judge Strikes Down Trump Executive Order Targeting WilmerHale

Federal Judge Strikes Down Trump Executive Order Targeting WilmerHale

In a resounding affirmation of constitutional protections for law firms, a federal judge has permanently struck down President Trump’s executive order targeting WilmerHale, according to Bloomberg Law.

The ruling marks a significant victory for the firm, which challenged the order on the grounds that it unlawfully punished it for representing clients connected to politically sensitive matters, namely, former special counsel Robert Mueller’s investigation into the Trump campaign’s ties to Russia. For law firm leaders, the decision underscores the constitutional limits on government retaliation against legal advocacy and highlights the need to defend core professional freedoms.

Senior US District Judge Richard Leon granted summary judgment in favor of WilmerHale, declaring the executive order unconstitutional without the need for a trial. In a sweeping opinion, he found the order violated the firm’s First Amendment rights, including freedom of expression, association, and the right to petition the government. He dismissed the order as “a staggering punishment for the firm’s protected speech,” and rebuked it as retaliatory and discriminatory.

Though WilmerHale did not prevail on its Spending Clause argument, the court’s findings on viewpoint discrimination and unconstitutional retaliation proved decisive.

The order sought to curtail the firm’s influence by limiting agency interactions and jeopardizing federal contracts with its clients. Judge Leon denounced these tactics as a clear attempt by the executive branch to punish a disfavored firm, writing that the message was unmistakable: firms that challenge the administration risk government retribution.

For managing partners, this case is a potent reminder of the importance of maintaining the independence of legal counsel, even in politically charged contexts. The ruling reinforces the judiciary’s role in curbing executive overreach and preserving the profession’s ability to advocate for clients without fear of reprisal.