By Mike Scarcella
WASHINGTON, May 14 (Reuters) - President Donald Trump’s administration on Thursday will ask a federal appeals court to reinstate the Republican leader’s executive orders punishing four major U.S. law firms, testing the scope of presidential power after judges in Washington resoundingly rejected the measures as unlawful.
The hearing before the Washington, D.C.-based U.S. Court of Appeals for the District of Columbia Circuit at 9:30 a.m. Eastern (1330 GMT) will include two Democratic-appointed
judges and one Republican-appointed judge, a composition that could signal a difficult path for the government.
The targeted law firms — Perkins Coie, Jenner & Block, WilmerHale and Susman Godfrey — each won sweeping victories in the lower federal court, where four Democratic- and Republican-appointed judges last year separately found Trump's executive orders violated free-speech and other provisions of the U.S. Constitution.
Trump’s orders cited the law firms' past legal work, diversity policies and political ties. The orders were part of a broader campaign led by the president since the start of his second term targeting his perceived enemies.
The executive orders sought to bar the four firms’ lawyers from accessing federal buildings and to terminate U.S. government contracts held by their clients. The firms have denied any wrongdoing.
The Trump administration appealed after the firms won orders permanently blocking the measures. Former Republican-appointed U.S. Solicitor General Paul Clement will argue for the law firms. He will face off against Justice Department lawyer Abhishek Kambli.
TEST OF CONSTITUTIONAL POWER
In a court filing, the Justice Department told the D.C. Circuit that judges invalidated Trump's orders against the firms "without considering their plainly constitutional aspects and applications."
The Justice Department said the cases are "not about the sanctity of the American law firm" but rather "about lower courts encroaching on the constitutional power of the president" in the realm of national security and other matters.
The four firms and a host of legal organizations including the American Bar Association have urged the D.C. Circuit to reject the administration's appeals.
In a court filing, Jenner & Block said, "Lawyers cannot be effective advocates for their clients if they face sweeping sanctions for their protected speech and associations."
Nine other firms, including Paul Weiss and Skadden Arps, settled with the Trump administration to avoid similar orders against them.
The appeals court panel hearing the law firm cases later the same day will hear the Trump administration’s appeal of a ruling that barred it from stripping prominent Washington lawyer Mark Zaid of a special government security clearance.
The D.C. Circuit's eventual rulings in both cases can be appealed to the U.S. Supreme Court.
(Reporting by Mike Scarcella; Editing by David Bario and David Gregorio)
