Big Law thought it won its battle with Trump. That lasted a day.
Business Insider
March 3, 2026
AI-Generated Deep Dive Summary
The Justice Department (DOJ) has reversed its decision to drop an appeal of President Donald Trump’s executive orders targeting several Big Law firms. Initially, the DOJ announced it would not challenge lower court rulings that found the orders unconstitutional. However, just one day later, the department filed a notice with the U.S. Court of Appeals for the District of Columbia seeking permission to continue appealing the decisions. The executive orders, issued shortly after Trump took office in 2019, aimed to revoke security clearances for attorneys at firms like Perkins Coie and WilmerHale, review their government contracts, and potentially bar them from federal buildings.
The orders were part of a broader effort by Trump to target law firms that represented his political opponents. Nine other major law firms avoided similar executive actions by agreeing to contribute millions of dollars’ worth of pro bono work supporting Trump’s priorities. The deadline for the DOJ to file a brief defending the orders had been Friday, but it now seeks to extend its appeal.
The DOJ’s abrupt reversal has raised questions about its reasoning, as it offered no explanation for the change in stance. Legal experts and observers are closely watching whether the appellate court will allow the DOJ to withdraw its earlier decision to drop the appeal. The four targeted law firms, including Jenner & Block and Susman Godfrey, have opposed the motion, with one spokesperson calling the orders “unconstitutional” and reaffirming their commitment to defending themselves and the rule of law.
This legal battle highlights the ongoing tensions between the executive branch and the judiciary over the constitutionality of Trump’s actions. For businesses, particularly those in the legal profession, it underscores the importance of navigating complex regulatory landscapes and the potential risks of political targeting. The outcome could set a precedent for how future administrations handle relations with private sector law firms and their role in public affairs.
The case also sheds light on the ethical challenges faced by major law firms, as some chose to avoid Trump’s executive actions by aligning with his policies through pro bono work. This raises broader questions about corporate responsibility and the intersection of business interests with political agendas. Ultimately, the DOJ’s decision to revisit its appeal reflects the high-stakes nature of legal battles involving executive power and constitutional rights.
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Originally published on Business Insider on 3/3/2026