Trump Backtracks on Plan to Walk Away From Law Firm Fight (2)

The Trump administration, in an abrupt reversal, has changed its mind on its decision to walk away from appealing its courtroom losses over executive orders targeted at four Big Law firms.

The Justice Department on Tuesday afternoon moved to withdraw its motion to voluntarily dismiss the appeals of its cases against Perkins Coie, WilmerHale, Susman Godfrey and Jenner & Block.

The motion comes after the Justice Department on Tuesday sent an email to the four law firms signaling it would file the motion to withdraw its voluntary dismissal of its appeal less than 24 hours after saying it would drop the fight, confirmed a person familiar with the emails. News of the reversal was first reported by the New York Times.

The law firms opposed the government’s filing, DOJ said in its motion: “Plaintiffs-Appellees oppose the government’s unexplained request to withdraw yesterday’s voluntary dismissal, to which all parties had agreed. Under no circumstances should the government’s unexplained about-face provide a basis for an extension of its brief.”

However, DOJ said that regardless of this position, the court had not yet granted the motion to dismiss and “it is the prerogative of the Defendant-Appellants to pursue this appeal.”

The DOJ moved yesterday to withdraw its appeals of court rulings blocking Trump’s executive orders against Perkins Coie, Jenner, WilmerHale and Susman Godfrey issued last year. The EOs revoked lawyers’ security clearances, blocked their access to federal buildings, and threatened their clients’ government contracts.

Federal judges swiftly struck down the orders, ruling that they were unconstitutional in separate rulings and the DOJ sought to appeal.

In an email to the four firms sent on Tuesday morning, the Justice Department asked the firms to inform the DOJ if they would oppose its motion to withdraw its voluntary dismissal.

“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. It offered no explanation to either the parties or the court for its reversal,” Perkins Coie said in a statement noting it remained “committed to defending our firm, our people, and our clients.”

Susman Godfrey echoed Perkins Coie’s sentiments in its own statement about the reversal.

Regardless of the reversal “Susman Godfrey will defend itself and the rule of law—without equivocation.” Susman Godfrey said in a statement to Bloomberg Law.

WilmerHale referred back to the combined statement of the firms in the DOJ’s filing.

A representative for Jenner & Block could not be reached immediately for comment. The Justice Department declined to comment.

The case is: Jenner and Block LLP v DOJ et al, D.C. Cir., 25 -05265, 3/3/26