Wilmer Cutler Pickering Hale and Dorr LLP. v. Executive Office of the President (WilmerHale EO, D.D.C., 2025)
Case Overview
WilmerHale sued the Trump administration following an executive order targeting the firm for its employment of Robert Mueller, pro bono work, and diversity efforts. The order sought to review and terminate contracts with WilmerHale, revoke security clearances of WilmerHale employees, bar WilmerHale employees from federal buildings, and more.
The Application
The executive order explicitly targeted WilmerHale for Robert Mueller's past employment at the firm, the firm's pro bono legal representation, and its diversity initiatives—all constitutionally protected expressive activities and associations. The threatened sanctions (contract termination, security clearance revocation, facility access restrictions) constitute government retaliation designed to punish protected conduct.
The Conclusion
Judge Leon found the executive order violated the First Amendment and enjoined its enforcement against WilmerHale, holding that the government failed to satisfy strict scrutiny or demonstrate any interest that would justify targeting the firm's protected activities.
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