Brief filed: 04/11/2025
Documents
Jenner & Block LLP v. U.S. Department of Justice
District of Columbia; Case No. 1:25-cv-916
Argument(s)
Executive Order No. 14246 unlawfully penalizes Jenner & Block LLP for its past representations and hires, violating clients’ Sixth Amendment rights. First, it impairs clients’ ability to select counsel of choice by barring Jenner attorneys from federal buildings and threatening client contracts. Second, it creates unconstitutional conflicts of interest by making zealous advocacy risky for defense counsel. Third, it sends a chilling signal that legal work opposing the administration may invite sanction, undermining adversarial fairness and the rule of law. The brief places this threat in historical context, citing precedents from Gideon and Stein to Adams’s defense of the Boston Massacre defendants.
Author(s)
Noam A. Biale, Sher Tremonte LLP, New York, NY; Kobie Flowers, D.C. Circuit Vice Chair
