Attorney General Charity Clark has joined 20 attorneys general in an amicus brief in support of law firm Susman Godfrey, which is challenging an unconstitutional presidential order issued as retribution against the firm for representing clients in the aftermath of the 2020 election and defending the integrity of that election.
The order, similar to others targeting specific law firms for who they’ve represented, violates the firm’s rights to free speech, due process, and other constitutional protections.
President Donald Trump has issued five executive orders retaliating against law firms whose advocacy, clients, and staff he dislikes. These orders require federal officials to suspend any active security clearances held by the law firms’ workers, to refuse to engage with or hire employees of these firms, and to deny the law firms’ personnel entry to federal buildings. The orders also direct federal contractors to disclose any business with the law firms so that agencies can terminate any such contracts. Four courts that have reviewed those orders found they are likely unconstitutional.
Susman Godfrey, a law firm with an office in Seattle, was named in one of these retaliatory executive orders in early April. Susman obtained temporary injunctive relief earlier this month and is now asking a judge to permanently block the executive order against it.
When granting the temporary injunctive relief, a federal judge said, “The executive order is based on a personal vendetta against a particular firm. And, frankly, I think the framers of our Constitution would view it as a shocking abuse of power."
The coalition of attorneys general note that a fair and functioning judicial system depends on lawyers being willing to work on controversial cases or represent unpopular clients without fearing retribution by the government. The attorneys general say the orders will harm their states’ residents by making it more difficult for many potential clients — especially those who currently rely on pro bono representation — to obtain legal services and vindicate their rights in court.
Joining them in filing the briefs were Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington.
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