Federal Judge Halts Trump Administration’s Ban on WilmerHale, Citing First Amendment Violations

Washington — A federal judge issued a temporary halt to a Trump administration directive this week, which would have severed federal contracts with and restricted access to federal buildings for WilmerHale, a law firm known for representing Harvard University in high-profile legal battles. U.S. District Judge Richard J. Leon found the order, aimed at punishing the firm for its associations and advocacy, likely violated the First Amendment rights.

The contentious order from the White House targeted WilmerHale due to its ties with Robert Mueller, a former partner who led a 2016 congressional investigation into the Trump administration’s connections with Russia. Accusations from the administration also charged that the firm enacted discriminatory hiring practices under the guise of diversity and inclusion initiatives.

Judge Leon emphasized the severe implications of the order in his decision, stating, “This retaliatory action undoubtedly dampens free speech and legal representation, constituting a constitutional injury. The repercussions for the plaintiff and consequently for its clientele and the broader justice system, would be profound.”

WilmerHale, which has served as Harvard’s legal representative for over a decade, most notably in a Supreme Court case concerning admissions policies, filed a lawsuit against the administration the following day after the order. The lawsuit argued that the executive order represented retaliatory measures by President Donald Trump against legal firms representing interests contrary to his personal or political preferences.

The administration’s directive also entailed an investigation and termination of any federal contracts with entities associated with WilmerHale, potentially extending to contracts with Harvard University.

In a significant legal showdown, Harvard has repeatedly utilized WilmerHale’s services, including in a recent Title VI lawsuit filed by a Harvard Divinity School graduate and two other plaintiffs alleging tolerance of antisemitism by the university.

Meanwhile, the wider legal and academic communities have rallied in opposition to the administration’s targeting of law firms over political disagreements. Approximately 70 percent of Harvard Law School faculty publicly denounced the administration’s actions, stressing in a letter the paramount importance of adhering to rule of law and expressing strong disapproval of any efforts to undermine established legal norms.

This move against WilmerHale marks a continuation of the administration’s broader strategy against what it perceives as politically hostile law firms. Notably, this includes actions taken against other prominent firms which, unlike WilmerHale, have opted to accede to the administration’s demands to retain federal business. Firms such as Skadden, Arps, Slate, Meagher & Flom, and Paul, Weiss, Rifkind, Wharton & Garrison have made concessions including sizable pro-bono commitments tailored to align with White House interests.

The case continues to unfold as the legal community watches closely, reflecting broader tensions between the federal government and legal entities representing diverse political and social causes.

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