Amicus Brief

LDAD Opposes Executive Orders Targeting Law Firms and the Rule of Law

June 28, 2021

Apr 15, 2026

Editorial credit: Shuterstock

Lawyers Defending American Democracy (LDAD) has filed an amicus brief in the D.C. Circuit Court of Appeals, supporting the invalidation of executive orders targeting four major law firms. LDAD argues that these orders are an unlawful attempt by the administration to override the judicial branch’s authority to regulate the conduct of lawyers, violating basic separation of powers principles intended to prevent the concentration of power in any branch.

The Executive Branch issued a series of orders aimed at penalizing four law firms whose prior work – or clients – had sought to hold the executive accountable under the law. All four lower courts invalidated the orders as unlawful and the government appealed. The cases were consolidated by the D.C. Circuit.

Judicial authority to regulate the legal profession reflects the distinctive role of lawyers to sustain the integrity of the legal system and the rule of law in the United States. "A lawyer is an officer of the legal system with a special responsibility for the quality of justice," the brief notes. "If the President can punish lawyers for their work, the legal system can no longer hold the government accountable."

If implemented, these Executive Orders would have a chilling effect on the profession. Lawyers would be placed in the unconscionable position of being forced to choose between adhering to their ethical responsibilities and representing all clients in accordance with the law and the rules of professional conduct or turning away clients or failing to assert claims or legal theories that may be deemed by the President to be objectionable.

“The right to counsel and the independence of the legal profession are cornerstones of a free society,” stated LDAD volunteer lawyer Lisa Healy. “When the Executive branch can deter attorneys from advancing positions the President disfavors, the judiciary’s role as a check on power is effectively neutralized.”

Attorney Healy coordinated the work on the brief, which involved LDAD volunteer lawyers Elin Katz, Amy Bolick, and Amanda Cats-Baril; Georgetown Law student Esther Park; and Georgetown Law Professor Mitt Regan. John McCoy filed the brief on behalf of LDAD.

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