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The Justice Department told a federal appeals court Tuesday that it will continue defending President Donald Trump’s executive orders targeting several prominent law firms — a sharp reversal less than 24 hours after informing the same court it planned to abandon the appeal.
In a brief filing to the U.S. Court of Appeals for the D.C. Circuit, Justice Department lawyers said the administration intends to move forward with its defense of the orders. The filing did not explain the abrupt change in position. The department declined to comment, and the White House did not immediately respond to requests for comment.
“Hours after asking the court to dismiss its appeal, the Department of Justice has abruptly reversed course and moved to continue its defense of the unconstitutional executive orders,” a spokesperson for Perkins Coie said in a statement. “It offered no explanation to either the parties or the court for its reversal.”
Appeals in Limbo
Judges in four separate cases last year struck down as unconstitutional executive orders issued by Donald Trump that sought to penalize law firms linked to his political opponents. The rulings blocked efforts to suspend attorneys’ security clearances, terminate government contracts and restrict access to federal buildings.
The Justice Department appealed those decisions in June and was scheduled to file its opening brief Friday. However, in a Monday evening filing, department lawyers moved to voluntarily dismiss the appeal, stating they no longer wished to pursue it.
Lawyers for the targeted firms quickly objected to the shifting posture.
“Under no circumstances should the government’s unexplained about-face provide a basis for an extension of its brief,” attorneys representing the firms wrote in court filings Tuesday.
Firms Challenge Executive Orders
In addition to Perkins Coie, the executive orders were challenged by Jenner & Block, WilmerHale, and Susman Godfrey. The firms argued the orders were retaliatory and violated constitutional protections, including First Amendment rights and due process.
Federal judges appointed by both Republican and Democratic presidents agreed, finding the orders unlawful and blocking enforcement.
Separately, another group of law firms reportedly pledged approximately $1 billion in pro bono legal work to the White House in exchange for the administration dropping investigations into their practices.
What Happens Next
It remains unclear how the appeals court will respond to the Justice Department’s reversal. While government lawyers may seek to dismiss an appeal, final authority rests with the three-judge panel overseeing the case.
The court could allow the appeal to proceed under the government’s renewed commitment or seek clarification about the department’s sudden shift.
The unusual sequence of filings underscores ongoing legal battles over the scope of executive authority and the limits of presidential power in targeting private entities.
