View this email in your browser ([link removed])
[link removed]



** For Immediate Release: June 5, 2025
------------------------------------------------------------


** Authoritarian Overreach: Courts Reject Trump’s Retaliatory War on Law Firms, Free Speech, and Separation of Powers
------------------------------------------------------------

WASHINGTON, D.C. — Two more federal judges have struck down President Trump’s executive orders that targeted law firms ([link removed]) perceived as political opponents.

The rulings, in favor of Jenner & Block ([link removed]) and WilmerHale ([link removed]) , block enforcement of executive orders aimed at punishing legal advocacy by Jenner & Block ([link removed]) and WilmerHale ([link removed]) . One judge emphasized ([link removed]) that “the cornerstone of the American system of justice is an independent judiciary and an independent bar willing to tackle unpopular cases, however daunting.” Another judge warned ([link removed]) that the executive orders were “targeting law firms that, in one way or another, did not bow to the current presidential
administration’s political orthodoxy.”

In a sharply worded opinion, the judge declared ([link removed]) : “Retaliating against firms for the views embodied in their legal work—and thereby seeking to muzzle them going forward—violates the First Amendment’s central command that government may not use the power of the State to punish or suppress disfavored expression.” The judge also found that the executive order “seeks to chill legal representation the administration doesn’t like, thereby insulating the Executive Branch from the judicial check fundamental to the separation of powers. It thus violates the Constitution. ([link removed]) ”

In challenging the executive orders, The Rutherford Institute joined a broad coalition of civil liberties organizations, including the ACLU, ACLU of DC, Cato Institute, Electronic Frontier Foundation, FIRE, the Institute for Justice, the Knight First Amendment Institute, the National Coalition Against Censorship, the Reporters Committee for the Freedom of the Press, and the Society for the Rule of Law. The coalition filed amicus briefs in a series of cases—including Perkins Coie ([link removed]) , Jenner & Block ([link removed]) , WilmerHale ([link removed]) and Susman Godfrey ([link removed]) —arguing that the executive orders ([link removed]) violate the separation of powers
and unconstitutionally infringe on the rights to free speech, advocacy, and due process.
MAKE THE GOVERNMENT PLAY BY THE RULES OF THE CONSTITUTION: SUPPORT THE FIGHT FOR FREEDOM ([link removed])

“That the Trump Administration is weaponizing the government in order to wage a war against dissent, against due process, and against the very foundations of our constitutional republic should be a warning to all Americans,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People ([link removed]) . “History shows that when governments claim the power to silence dissent—whether in the name of national security, border protection, or law and order—that power rarely remains limited. These threats against the legal community are just the beginning.”

In an effort to punish a number of major law firms and discourage others from challenging the Trump Administration’s efforts to sidestep the Constitution, President Trump issued Executive Orders directing the federal government to suspend the firms’ security clearances, cease providing all goods and services, terminate any contracts with the firms and those who do business with them, limit the firms’ access to federal buildings and employees, and refrain from hiring employees of the firms. The intent behind the president’s actions, per former advisor Steve Bannon, is to “put those law firms out of business ([link removed]) ” in response to the firms using the system of checks and balances to prevent the Administration from violating the Constitution. So far, three separate federal judges have ruled these executive orders unconstitutional.

Cecillia D. Wang, Ben Wizner, Brian Hauss, and Arthur B. Spitzer at ACLU advanced the arguments in the amicus briefs.

The Rutherford Institute ([link removed]) , a nonprofit civil liberties organization, defends individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.
------------------------------------------------------------


** Case History
------------------------------------------------------------

April 03, 2025 • Legal Coalition Challenges President Trump’s Weaponization of Executive Orders to Chill Speech, Suppress Dissent, and Erode Checks and Balances ([link removed])

April 15, 2025 • Legal Coalition Challenges Trump’s Use of Executive Orders to Retaliate Against More Law Firms & Erode Checks and Balance? ([link removed])

May 05, 2025 • Court Warns of ‘Totalitarian’ Overreach, Declares Trump’s Blacklisting of Law Firm Illegal as Civil Liberties Groups Expand Legal Challenge ([link removed])

Amicus Briefs:
* Susman Godfrey v. Executive Office of the President ([link removed])
* Jenner & Block LLP v. U.S. Department of Justice ([link removed])
* WilmerHale LLP v. U.S. Department of Justice ([link removed])
* Perkins Coie LLP v. U.S. Department of Justice ([link removed])

District Court Opinions:
* Jenner & Block LLP v. U.S. Department of Justice ([link removed])
* WilmerHale LLP v. U.S. Department of Justice ([link removed])
* Perkins Coie LLP v. U.S. Department of Justice ([link removed])

------------------------------------------------------------

This press release is available at www.rutherford.org ([link removed]) .

Source: [link removed]
[link removed] Share ([link removed])
[link removed]: https%3A%2F%2Fmailchi.mp%2Frutherford%2Fjudges-warn-of-executive-overreach-first-amendment-violations Tweet ([link removed]: https%3A%2F%2Fmailchi.mp%2Frutherford%2Fjudges-warn-of-executive-overreach-first-amendment-violations)
[link removed] Forward ([link removed])
CLICK HERE TO MAKE A TAX-DEDUCTIBLE DONATION ([link removed])

To donate via PayPal, please click below:
[link removed]

============================================================
** Follow us on Facebook ([link removed])
** Follow us on Facebook ([link removed])
** Follow us on Twitter ([link removed])
** Follow us on Twitter ([link removed])
** YouTube ([link removed])
** YouTube ([link removed])
CONTACT INFORMATION
Nisha Whitehead
(434) 978-3888 ext. 604
** [email protected] (mailto:[email protected])

THE RUTHERFORD INSTITUTE
Post Office Box 7482
Charlottesville, VA 22906-7482
Phone: (434) 978-3888
** www.rutherford.org ([link removed])

Copyright © 2025 The Rutherford Institute, All rights reserved.

You are receiving this email because of your interest in the work of The Rutherford Institute. Founded in 1982 by constitutional attorney and author John W. Whitehead, The Rutherford Institute is a civil liberties organization that provides free legal services to people whose constitutional and human rights have been threatened or violated. To discontinue your membership electronically, or if you feel you are receiving this message in error, please follow the link below.

Under the regulations of the United States Internal Revenue Service, The Rutherford Institute is incorporated as a 501(c)(3) tax exempt nonprofit organization. Donations to support The Rutherford Institute’s legal and educational work help to safeguard the constitutional rights of all Americans. Donations are tax-deductible. In compliance with general industry standards of a nonprofit organization, the Institute is audited annually by an independent accounting firm.

** unsubscribe from this list ([link removed])

** update subscription preferences ([link removed])