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The federal government appealed in all four cases, and the D.C. Circuit consolidated all four appeals and also ordered them to be set for argument and decision by the same panel that will consider an appeal involving an individual attorney’s challenge to the denial of a security clearance.  Amicus briefs have been filed by multiple organizations in the consolidated case Perkins Coie LLP v. U.S. Department of Justice before the U.S. Court of Appeals for the D.C. Circuit. The briefs support four law firms--Perkins Coie LLP, Jenner & Block LLP, Susman Godfrey LLP, and WilmerHale—that successfully challenged the constitutionality of a series of 2025 executive orders issued by the Trump administration. These orders imposed sanctions, including the revocation of security clearances and directives to terminate federal contracts, in retaliation for the firms' representation of clients and causes the administration viewed as political adversaries. Key arguments presented by Amicus briefs include:
In the consolidated cases, such as Perkins Coie LLP v. U.S. Department of Justice, the law firms and supporting amici (including the American Bar Association) successfully argued that the 2025 executive orders were unconstitutional on several fronts. Core Constitutional Challenges First Amendment Retaliation & Free Association: The firms argued the orders were an attempt to punish them for protected legal advocacy and political associations. By targeting firms for representing specific clients (e.g., the Democratic National Committee) or causes (e.g., voting rights), the government engaged in unconstitutional viewpoint discrimination. Fifth Amendment Due Process: Plaintiffs alleged the orders effectively "blacklisted" them—denying security clearances and federal contracts—without any fair procedure, notice, or opportunity to respond to accusations of "dishonest" conduct. Separation of Powers: The challenge asserted that the executive branch was usurping judicial power by sanctioning private firms for their conduct in litigation, which is a field exclusively regulated by the courts. Sixth Amendment Right to Counsel: The firms argued the orders undermined the relationship between attorneys and their clients, interfering with a client’s right to choose their own legal representation without fear of government retribution. Additional Legal Arguments Bill of Attainder: Some arguments likened the orders to unconstitutional Bills of Attainder because they singled out specific entities (like Perkins Coie) for punishment by executive fiat rather than through a judicial trial. Equal Protection: The orders were challenged for imposing restrictions on specific firms without a "rational basis," thereby violating equal protection under the law. Exceeding Procurement Authority: The firms contended the President exceeded authority under the Federal Property and Administrative Services Act (FPASA), arguing that political blacklisting has no legitimate tie to promoting "economy and efficiency" in government procurement. Federal district judges upheld these arguments in 2025, finding the orders were driven by "personal vendettas" rather than legitimate national security or administrative interests Oral arguments for the consolidated appeals are scheduled for May 14, 2026.
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