Trump Admin Calls ‘Backsies’ On Biglaw Executive Order Appeals

Above the Law
by Kathryn Rubino
March 3, 2026
AI-Generated Deep Dive Summary
The Trump administration has made a surprising about-face in its handling of executive orders targeting major law firms, known as the Biglaw cases. Initially, the Department of Justice (DOJ) filed a voluntary dismissal, effectively conceding defeat in court battles over the constitutionality of these orders. However, less than 24 hours later, the administration reversed course, attempting to withdraw its dismissal and renew its defense of the executive orders. This abrupt reversal has left legal observers scratching their heads, as appellate litigation typically follows established procedures rather than acting like a "group chat" with quick reversals. The DOJ's initial decision to dismiss was seen as a significant concession, as judges across the ideological spectrum had already raised concerns about the legality of the executive orders. The orders were suspected of overstepping constitutional boundaries, leading to widespread criticism and a loss of credibility for the administration. However, the sudden reversal on Tuesday morning caught legal firms by surprise. DOJ officials contacted four major law firms—Jenner & Block, WilmerHale, Perkins Coie, and Susman Godfrey—asking them to respond within 30 minutes to whether they opposed the government's attempt to unring its earlier dismissal. The reasons behind this
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Originally published on Above the Law on 3/3/2026