DOJ reverses course and will defend Trump executive orders targeting law firms
Law enforcement shouldn't be political.
The Justice Department reversed course on Tuesday and told a federal appeals court it will continue defending President Donald Trump’s executive orders targeting several major law firms — less than 24 hours after seeking to abandon the fight.
In a short filing to the U.S. Court of Appeals for the District of Columbia Circuit, DOJ lawyers moved to withdraw their prior request to voluntarily dismiss the consolidated appeals. The DOJ offered no explanation for the abrupt change in position.
A banner showing President Donald Trump is hung from the Justice Department on Thursday, Feb. 19, 2026, in Washington. (AP Photo/Allison Robbert)
The Washington Examiner reached out to the White House for comment and was referred to the DOJ. A DOJ spokeswoman declined to 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. “It offered no explanation to either the parties or the court for its reversal.”
Judges in four separate cases last year struck down Trump’s executive orders that critics said were aimed at punishing firms affiliated with his political opponents.
The orders sought to suspend attorneys’ security clearances, restrict access to federal buildings, and direct agencies to terminate government contracts involving the firms and their clients. The affected firms — Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey — quickly won injunctions, with judges appointed by both Republican and Democratic presidents finding the orders unconstitutional.
The DOJ appealed those rulings in June 2025 and was scheduled to file its opening brief on Friday. On Monday evening, however, the department moved to dismiss the appeals, prompting surprise across the legal community.
David Lat, a legal commentator who publishes the Substack Original Jurisdiction, said he was “weirdly looking forward” to seeing how the government would defend the orders, which he described as constitutionally vulnerable. Lat speculated the looming deadline may have prompted internal concerns about creating an unfavorable precedent in the District of Columbia Circuit.
Notably, the DOJ had previously sought delays and changes to the structure of the litigation ahead of Friday’s deadline.
Last month, a DOJ attorney handling the case requested that the litigation be stalled ahead of an appeals court ruling over the …
Law enforcement shouldn't be political.
The Justice Department reversed course on Tuesday and told a federal appeals court it will continue defending President Donald Trump’s executive orders targeting several major law firms — less than 24 hours after seeking to abandon the fight.
In a short filing to the U.S. Court of Appeals for the District of Columbia Circuit, DOJ lawyers moved to withdraw their prior request to voluntarily dismiss the consolidated appeals. The DOJ offered no explanation for the abrupt change in position.
A banner showing President Donald Trump is hung from the Justice Department on Thursday, Feb. 19, 2026, in Washington. (AP Photo/Allison Robbert)
The Washington Examiner reached out to the White House for comment and was referred to the DOJ. A DOJ spokeswoman declined to 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. “It offered no explanation to either the parties or the court for its reversal.”
Judges in four separate cases last year struck down Trump’s executive orders that critics said were aimed at punishing firms affiliated with his political opponents.
The orders sought to suspend attorneys’ security clearances, restrict access to federal buildings, and direct agencies to terminate government contracts involving the firms and their clients. The affected firms — Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey — quickly won injunctions, with judges appointed by both Republican and Democratic presidents finding the orders unconstitutional.
The DOJ appealed those rulings in June 2025 and was scheduled to file its opening brief on Friday. On Monday evening, however, the department moved to dismiss the appeals, prompting surprise across the legal community.
David Lat, a legal commentator who publishes the Substack Original Jurisdiction, said he was “weirdly looking forward” to seeing how the government would defend the orders, which he described as constitutionally vulnerable. Lat speculated the looming deadline may have prompted internal concerns about creating an unfavorable precedent in the District of Columbia Circuit.
Notably, the DOJ had previously sought delays and changes to the structure of the litigation ahead of Friday’s deadline.
Last month, a DOJ attorney handling the case requested that the litigation be stalled ahead of an appeals court ruling over the …
DOJ reverses course and will defend Trump executive orders targeting law firms
Law enforcement shouldn't be political.
The Justice Department reversed course on Tuesday and told a federal appeals court it will continue defending President Donald Trump’s executive orders targeting several major law firms — less than 24 hours after seeking to abandon the fight.
In a short filing to the U.S. Court of Appeals for the District of Columbia Circuit, DOJ lawyers moved to withdraw their prior request to voluntarily dismiss the consolidated appeals. The DOJ offered no explanation for the abrupt change in position.
A banner showing President Donald Trump is hung from the Justice Department on Thursday, Feb. 19, 2026, in Washington. (AP Photo/Allison Robbert)
The Washington Examiner reached out to the White House for comment and was referred to the DOJ. A DOJ spokeswoman declined to 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. “It offered no explanation to either the parties or the court for its reversal.”
Judges in four separate cases last year struck down Trump’s executive orders that critics said were aimed at punishing firms affiliated with his political opponents.
The orders sought to suspend attorneys’ security clearances, restrict access to federal buildings, and direct agencies to terminate government contracts involving the firms and their clients. The affected firms — Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey — quickly won injunctions, with judges appointed by both Republican and Democratic presidents finding the orders unconstitutional.
The DOJ appealed those rulings in June 2025 and was scheduled to file its opening brief on Friday. On Monday evening, however, the department moved to dismiss the appeals, prompting surprise across the legal community.
David Lat, a legal commentator who publishes the Substack Original Jurisdiction, said he was “weirdly looking forward” to seeing how the government would defend the orders, which he described as constitutionally vulnerable. Lat speculated the looming deadline may have prompted internal concerns about creating an unfavorable precedent in the District of Columbia Circuit.
Notably, the DOJ had previously sought delays and changes to the structure of the litigation ahead of Friday’s deadline.
Last month, a DOJ attorney handling the case requested that the litigation be stalled ahead of an appeals court ruling over the …
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