NYCLA’s Rule of Law Task Force Commends the Decisions to Strike Executive Orders Targeting Perkins Coie, Jenner & Block, and WilmerHale

The Rule of Law Task Force of the New York County Lawyers Association commends the decisions striking the executive orders targeting Perkins Coie, Jenner & Block, and WilmerHale.  These decisions collectively emphasize the importance of preserving an independent bar and judiciary by preventing the administration from violating the basic constitutional rights that we, the people of the United States, and our lawyers have to free speech, to free association, to petition the government, to enjoy equal protection under the law, to provide and receive effective assistance of counsel of our choice, and to obtain due process before being deprived of any of our precious liberties or freedoms.

We also commend the Perkins and Jenner opinions’ rejection of the government’s claim that these firms discriminated illegally by using Mansfield Rule certifications—a diversity, equity, and inclusion program used by many institutions and businesses, including major law firms.  Participating law firms certify annually that women, lawyers of color, LGBTQ+ lawyers and lawyers with disabilities comprise at least 30 percent of the candidate pool for significant leadership roles, senior lateral openings, and promotions.  The court stated in the Jenner decision at page 32, “The defendants point to no case holding such diversity initiatives illegal.” Furthermore, the court stated in the Perkins decision at page 58, “the Mansfield Rule expressly does not establish any hiring quotas or other illegally discriminatory practices, requiring only that participating law firms consider attorneys from diverse backgrounds for certain positions.”  (Emphasis in original).  

The President issued an executive order against Susman Godfrey similar to those that the three courts struck as unconstitutional. Sussman Godfrey is seeking summary judgment on similar grounds.  We urge the court to do so and similarly protect our liberties and constitutional rights.

About the New York County Lawyers Association

The New York County Lawyers Association (NYCLA) was founded in 1908 as one of the first major bar association in the country that admitted members without regard to race, ethnicity, religion or gender. Since its inception, it has pioneered some of the most far-reaching and tangible reforms in American jurisprudence.  For more information on NYCLA please visit nycla.org

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