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A federal judge temporarily blocked the Trump administration’s Thursday order that sought to block WilmerHale — a firm that has represented Harvard in several high-profile lawsuits — from government business.
Judge Richard J. Leon ruled on Saturday that the order, which would have terminated federal contracts from organizations WilmerHale represents and restricted the firm’s access to federal buildings, was in violation of the First Amendment.
“There is no doubt this retaliatory action chills speech and legal advocacy, or that it qualifies as a constitutional harm," Leon wrote. "The injuries to plaintiff here would be severe and would spill over to its clients and the justice system at large.
In the original order, the White House took aim at WilmerHale’s affiliation with Robert Mueller, a former partner at the firm, who spearheaded a congressional investigation in 2016 into ties between the Trump administration and Russia. They also alleged WilmerHale violated civil rights laws by using diversity, equity, and inclusion policies in its hiring practices.
Trump wrote that WilmerHale “engages in obvious partisan representations to achieve political ends” and “supports efforts to discriminate on the basis of race.”
WilmerHale lawyers, including former Harvard Corporation Senior Fellow William F. Lee ’72 — a partner at the firm — has represented Harvard for nearly a decade, most famously representing the University in the Supreme Court case brought by Students for Fair Admissions.
Lee also played a major role in prepping former Harvard President Claudine Gay for her now-infamous December 2023 congressional testimony that resulted in her resignation.
The firm's lawyers now represent Harvard in a Title VI lawsuit filed by Harvard Divinity School graduate Alexander “Shabbos” Kestenbaum and two unnamed plaintiffs alleging that the University tolerated antisemitism.
In the Thursday order, Trump also directed all federal agencies to investigate and terminate federal contracts with companies “that disclose doing business with WilmerHale” — a list that could include Harvard.
WilmerHale filed suit against the White House one day later, alleging that the order was a retaliatory act from President Donald Trump against firms that had represented people “adverse to his personal and/or political interests.”
“In an unprecedented assault on that bedrock principle, the President has issued multiple executive orders in recent weeks targeting law firms and their employees as an undisguised form of retaliation for representing clients and causes he disfavors or employing lawyers he dislikes,” the firm wrote.
A University spokesperson did not respond to a request for comment on how the order would affect Harvard’s contracts with the White House.
But Harvard affiliates have not been quiet on their stance on Trump’s decision to take on Big Law firms.
On Saturday, roughly 70 percent of Harvard Law School’s faculty slammed the White House’s decision to retaliate against law firms accused of representing clients and causes opposed by Trump.
“While reasonable people can disagree about the characterization of particular incidents, we are all acutely concerned that severe challenges to the rule of law are taking place, and we strongly condemn any effort to undermine the basic norms we have described,” the letter stated.
Trump’s move to punish WilmerHale marks the latest in the White House’s concerted campaign against law firms seen as politically adversarial.
WilmerHale — the fifth law firm to face a legal challenge from the Trump administration — filed its lawsuit on the same day that attorneys from Jenner & Block submitted their own. Meanwhile, several other law firms have caved to the Trump administration’s demands in hopes of continuing to serve federal interests and retain government business.
Skadden, Arps, Slate, Meagher & Flom agreed to provide $100 million last week in pro-bono work for the Trump administration and not engage in “illegal DEI practices” to ensure that the firm would “continue to thrive long into the future.”
And earlier this month, law firm Paul, Weiss, Rifkind, Wharton & Garrison reached an agreement with the Trump administration in which the firm agreed to represent clients of all political leanings and donate $40 million in pro-bono work for issues aligned with the White House.
—Staff writer Dhruv T. Patel can be reached at dhruv.patel@thecrimson.com. Follow him on X @dhruvtkpatel.
—Staff writer Grace E. Yoon can be reached at grace.yoon@thecrimson.com. Follow her on X @graceunkyoon.
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