Judge John Bates has declared the Trump administration's Executive Order targeting Jenner & Block as unconstitutional, issuing a temporary restraining order that blocks its enforcement. Bates emphasized the negative implications of the order on legal advocacy and the essence of separation of powers, stating it aims to insulate the Executive Branch from judicial oversight. His ruling, which deems the order "null and void," marks him as the second federal judge to challenge such executive actions, focusing primarily on First Amendment violations without needing to delve into other constitutional questions raised.
"More subtle but perhaps more pernicious is the message the [executive order] sends to the lawyers whose unalloyed advocacy protects against governmental viewpoint becoming government-imposed orthodoxy," Bates wrote.
"This order, like the others, seeks to chill legal representation the administration doesn't like, thereby insulating the Executive Branch from the judicial check fundamental to the separation of powers."
"The Court need not break new ground... what has been said here of the First Amendment... is sufficient to declare Executive Order 14246 unlawful."
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