Excerpt: “No American President has ever before issued executive orders like the one at issue in this lawsuit targeting a prominent law firm with adverse actions to be executed by all Executive branch agencies but, in purpose and effect, this action draws from a playbook as old as Shakespeare, who penned the phrase: ‘The first thing we do, let’s kill all the lawyers.’ WILLIAM SHAKESPEARE, HENRY VI, PART 2, act 4, sc. 2, l. 75. … The U.S. Constitution affords critical protections against Executive action like that ordered in EO 14230. Government officials, including the President, may not ‘subject[] individuals to ‘retaliatory actions’ after the fact for having engaged in protected speech.’ Hous. Cmty. Coll. Sys., 595 U.S. at 474 (quoting Nieves, 587 U.S. at 398). They may neither ‘use the power of the State to punish or suppress disfavored expression,’ Vullo, 602 U.S. at 188, nor engage in the use of ‘purely personal and arbitrary power,’ Yick Wo, 118 U.S. at 370. In this case, these and other foundational protections were violated by EO 14230. On that basis, this Court has found that EO 14230 violates the Constitution and is thus null and void. For the reasons explained, plaintiff is entitled to summary judgment and declaratory and permanent injunctive relief on Counts II through IX of the Amended Complaint. The government’s motion to dismiss is denied.”
memorandum opinion
(102 pages)
order
(5 pages)