Standing proud

While the U.S. Constitution has survived with the checks and balances between the three co-equal branches of government, the branches sometimes seek to push things out of balance. Right now the forces seeking to strengthen the executive branch, enabled by a short-sighted legislative branch and conservative-led judicial branch, are forcing the pendulum dangerously rightward. This includes punitive executive orders leveled by the executive toward what the administration perceives as political enemies and adverse political positions. Many firms were targeted. Some chose to bend the knee, collectively offering over $100 million in free work for administration-aligned interests to maintain government contracts, security clearances, and access. Others did not, and faced the administration’s wrath. Perkins Coie LLP was one who fell within the executive’s gunsights.

The executive issued a March 6, 2025 Executive Order which specifically targeted Perkins Coie LLP. This unprecedented order imposed severe penalties on the firm, including revoking security clearances and denying access to federal facilities, ostensibly due to its past legal work, particularly concerning the 2016 presidential campaign and election laws. This move was widely seen as an attempt to punish a law firm for representing clients and positions disfavored by the administration.

Perkins Coie LLP fought back on constitutional grounds. While many firms chose to remain quiet, over 500 firms and non-profits — an unprecedented coalition — opted to stand up and fight alongside Perkins Coie LLP for the rule of law. These firms, including Coopers LLP, signed on to an amicus brief prepared and submitted by Munger, Tolles & Olsen LLP. The amicus brief argued forcefully that the Executive Order was unconstitutional. It contended that the order violated fundamental constitutional rights, including free speech, due process, and the crucial right to select counsel without government retribution. Furthermore, the brief highlighted how such executive actions undermine the separation of powers and pose a grave threat to the independence of the legal profession and the very fabric of the rule of law.

We believe that an independent legal profession, where lawyers can zealously advocate for their clients without fear of government reprisal, is essential for a functioning democracy and a just legal system. The District Court for the District of Columbia agreed, with Judge Beryl Howell ruling the Executive Order unconstitutional and preventing its enforcement. Coopers LLP stands firmly with our colleagues in safeguarding these vital principles and will continue to advocate for a legal environment where justice can prevail, unimpeded by political pressure.