Milbank’s Spine Makes A Reappearance
Despite the firm's deal with Trump, they are challenging the president's authority in court. The post Milbank’s Spine Makes A Reappearance appeared first on Above the Law.
The nine Biglaw firms that capitulated to the threats of Donald Trump and agreed to provide hundred of millions in pro bono payola to conservative clients and causes have garnered a lot of criticism from around the industry. And for good reason — the Executive Orders that were threatened were unconstitutional power grabs and many wondered, if a firm won’t stand up to the bullying of the Trump administration for themselves, how will they do it for clients?
Well, Milbank is showing the world that despite inking a deal with the administration, they just might be willing to court Trump’s ire. Back in April, Milbank promised $100 million for Trump’s pro bono war chest to avoid an onerous EO. But yesterday, the firm signed onto a lawsuit challenging some of Trump’s actions.
Milbank partner and former acting solicitor general Neal Katyal, along with former federal judge Michael McConnell, now at Wilson Sonsini, have signed on to be co-counsel in a case challenging the president’s so-called “Liberation Day” tariffs. Katyal said in a statement, “These presidential actions fall on the wrong side of the line. I look forward to vindicating our Founders’ view of the separation of powers, and to restoring the primacy of Congress over such major questions.”
The plaintiffs are a group of small businesses impacted by the tariffs. Represented by the libertarian-leaning legal non-profit the Liberty Justice Center, they won a case in front of the U.S. Court of International Trade arguing that Trump overstepped his authority. The government has appealed the decision (as well as a separate decision against the tariffs), and plaintiffs brought in the Biglaw guns for the appellate fight.
It must be quite reassuring to clients, as well as the rank-and-file at the firm, to know that Milbank is more than just the administration’s legal lapdog.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
The post Milbank’s Spine Makes A Reappearance appeared first on Above the Law.
