Recent judicial decisions have reinforced the notion that the White House lacks the authority to unjustly punish law firms like WilmerHale for their opposition to President Trump. Following similar decisions against retaliatory orders aimed at firms like Jenner & Block and Perkins Coie, Judge Richard Leon criticized the clumsiness of the Executive Orders. Such actions not only jeopardize the firms' standing but also send a clear message that dissent will be met with consequences, dissuading other firms from taking principled stands in the future.
This isn't exactly a surprise. Even within the universe of unconstitutional power grabs, the orders targeting law firms were especially clumsily written.
This 'retaliatory action' is more than 'sufficient to deter a person of ordinary firmness in [WilmerHale's] position from speaking again.'
The Order shouts through a bullhorn: If you take on causes disfavored by President Trump, you will be punished!
At least, through cowardice, the firms helped strengthen the position of firms willing to stand on principle.
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