The Department of Justice (DOJ) has filed an appeal challenging the recent federal court ruling that invalidated Executive Order 14250, which targeted the law firm Wilmer Cutler Pickering Hale and Dorr LLP (WilmerHale). This executive order, issued on March 27, 2025, suspended security clearances for WilmerHale employees, restricted their access to federal buildings, and directed federal agencies to review and potentially terminate contracts with the firm. The administration cited the firm’s prior association with Special Counsel Robert Mueller and criticized its diversity, equity, and inclusion policies.
In response, WilmerHale filed a lawsuit on March 28, 2025, challenging the executive order’s constitutionality. The firm argued that the order violated the First, Fifth, and Sixth Amendments, as well as the separation of powers and the Spending Clause. Represented by former Solicitor General Paul Clement, WilmerHale contended that the order was a retaliatory measure aimed at punishing the firm for its legal advocacy and associations.
U.S. District Judge Richard J. Leon granted a temporary restraining order on March 28, 2025, blocking enforcement of sections of the executive order. He later issued a permanent injunction on May 27, 2025, declaring the order unconstitutional. Judge Leon stated that the executive order violated fundamental constitutional principles and enjoined all federal agency defendants from implementing or giving effect to the order. He also ordered them to reverse any steps taken under it and to issue guidance instructing staff and contractors to disregard the order.
Following the ruling, the DOJ filed a notice on June 30, 2025, indicating its intention to appeal Judge Leon’s decision to the U.S. Court of Appeals for the District of Columbia Circuit. The appeal seeks to overturn the district court’s ruling and reinstate the executive order’s provisions.
WilmerHale remains confident in its legal position. A firm spokesperson stated, “We believe the executive order is unconstitutional and are prepared to defend our rights and the rights of our clients through the appellate process.” The firm continues to argue that the executive order represents an unlawful attack on the legal profession and the principles of client representation and free speech.
The case has garnered significant attention within the legal community. Over 800 law firms nationwide have signed amicus briefs supporting WilmerHale and Jenner & Block, another firm targeted by similar executive orders. These briefs argue that the executive orders infringe upon the First Amendment rights of both the law firms and their clients, and represent a dangerous escalation in executive overreach that threatens the rule of law.
As the appeal progresses, the legal community will closely monitor the case, recognizing its potential implications for attorney-client relationships, free speech, and the independence of the legal profession.