New Developments

• On May 23, 2025, the District of Columbia District Court Judge John D. Bates issued a memorandum order that struck down all the penalties that an executive order sought to impose against Jenner & Block LLP. This reinforces the similar Perkins Coie LLP May 2, 2025 holding which has not been appealed but the government has filed a May 20, 2025 motion to clarify the holding to confirm that it applies only to Perkins, which was granted without Perkins taking any position.  The Jenner order began with the following paragraph

 

In our constitutional order, few stars are as fixed as the principle that no official “can prescribe what shall be orthodox in politics.” W. Va. State Bd. of Educ. v. Barnette, 319 U.S. 624, 642 (1943). And in our constitutional order, few actors are as central to fixing that star as lawyers.