No American President

No American President has ever before issued executive orders like the one at issue in this lawsuit targeting a prominent law firm with adverse actions to be executed by all Executive branch agencies but, in purpose and effect, this action draws from a playbook as old as Shakespeare, who penned the phrase: "The first thing we do, let's kill all the lawyers." [WILLIAM SHAKESPEARE, HENRY VI, PART 2, act 4, sc. 2, l. 75.]  When Shakespeare's character, a rebel leader intent on becoming king hears, this suggestion, he promptly incorporates this tactic as part of his plan to assume power, leading in the same scene to the rebel leader demanding "[a]way with him," referring to an educated clerk, who "can make obligations and write court hand."  Eliminating lawyers as the guardians of the rule of law removes a major impediment to the path to more power.  See Walters v. Nat'l Ass'n of Radiation Survivors (1985) (explaining the import of the same Shakespearean statement to be "that disposing of lawyers is a step in the direction of a totalitarian form of government").

The U.S. Constitution affords critical protections against Executive action like that ordered in EO 14230.  Government officials, including the President, may not "subject[] individuals to 'retaliatory actions' after the fact for having engaged in protected speech."  They may neither "use the power of the State to punish or suppress disfavored expression," nor engage in the use of "purely personal and arbitrary power."  In this case, these and other foundational protections were violated by EO 14230.  On that basis, this Court has found that EO 14230 violates the Constitution and is thus null and void.  For the reasons explained, plaintiff is entitled to summary judgment and declaratory and permanent injunctive relief.  The government's motion to dismiss is denied.

-- U.S. District Judge Beryl A. Howell, ruling in Perkins Coie LLP v U.S. Department of Justice et al, vacating President Trump's executive order that punished the law firm for litigating cases Trump doesn't like (2 May 2025)