US will appeal Perkins Coie win in fight over punitive executive order
The federal government will appeal a judge’s decision permanently blocking an executive order targeting Perkins Coie. (Image from Shutterstock)
The federal government will appeal a judge’s decision permanently blocking an executive order targeting Perkins Coie.
The U.S. Department of Justice filed notice of appeal Monday, report Bloomberg Law, Law360 and Law.com. The case will be heard by the U.S. Court of Appeals for the District of Columbia Circuit.
U.S. District Judge Beryl A. Howell of the District of Columbia had held that the executive order violated the First Amendment, the Fifth Amendment and the Sixth Amendment. The order discriminated based on viewpoint, denied equal protection and due process, was unconstitutionally vague, and interfered with the right to counsel, Howell said in her May 2 decision.
The March 6 executive order had targeted Perkins Coie because of its 2016 representation of Democratic Party presidential candidate Hillary Clinton, its challenges to voter ID and other election laws, and its diversity efforts, Howell said.
The order called for suspension of security clearances by Perkins Coie personnel, limited access to federal buildings by its lawyers, and sought to end its clients’ government contracts if they had retained the law firm in connection with the contracts.
Howell had rejected government arguments that Perkins Coie did not have standing to bring some claims and that others were not ripe for adjudication.
Perkins Coie is one of four firms that have obtained permanent injunctions blocking executive orders that target them. Nine other firms reached deals with President Donald Trump to avoid punitive orders.
Perkins Coie noted the four permanent injunctions obtained by firms in a statement, saying courts issued them because the orders “violate core constitutional freedoms.”
“We look forward to presenting our case to the D.C. Circuit and remain committed to ensuring that the unconstitutional executive order targeting our firm is never enforced,” the firm said in the statement published by several legal publications. “In the meantime, we will continue to practice law, as we have for over a century, and remain guided by the same commitments that first compelled us to bring this challenge: to protect our firm, safeguard the interests of our clients and uphold the rule of law.”
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