The NAACP Legal Defense Fund filed an amicus curie brief against the Trump administration in support of Perkins Coie’s motion for summary judgment on Monday. Supporting the law firm, the group argued that legal representation should be free from fear of reprisal.
In its brief to the court, the NAACP Legal Defense Fund counsel argued that President Trump’s executive order undermines the rule of law and interferes with access to counsel by targeting law firms representing clients the president disfavors. Additionally, the NAACP laments the executive order targeting Perkins Coie as “part of a larger broadside” attack against the legal profession. Acknowledging that there is a different context in “Jim Crow attacks” against African Americans and their lawyers during the Civil Rights Era and Trump’s orders against the law firm, the group maintained that the court’s failure to intervene may similarly peril the civil society and the rule of law.
On April 3, Perkins Coie LLP filed a motion to block the order in the District Court of Columbia, arguing that a White House Executive Order unfairly took aim at them for representing clients disfavored by President Trump. Among other claims, Perkins Coie also alleged that the executive order retaliates against the firm for associating with President Trump’s political opponents and the firm’s commitment to “diversity, equity, and inclusion” programs, resulting in various violations of the US Constitution, including the separation of powers, Article III of the Constitution, the Due Process and Equal Protection Clauses of the Fifth Amendment, and the First Amendment. The NAACP Legal Defense Fund joins Perkins but argues broader implications the case may have for the legal profession.
The executive order, “Addressing Risks from Perkins Coie LLP,” accuses the firm of participating in election fraud, employment discrimination, and dishonest and dangerous dealings, citing a court’s sanctioning of Perkins Coie for unethical lack of candor. Based on these claims, the executive order requires the revocation of the security clearance of all attorneys employed by the firm and the cancellation of federal contracts held by the firm’s clients. The order further compels all agency heads to bar the firm’s staff from access to federal buildings “when such access would threaten the national security, or interests of the United States.”
Currently, the executive order has been temporarily enjoined. The NAACP Legal Defense Fund has asked the court to permanently enjoin the Trump Administration’s actions under this executive order.
