Apr. 22, 2026
Why the DOJ's severability argument won't save Trump's law firm executive orders
The Justice Department is asking the D.C. Circuit to sever President Trump's executive orders targeting prominent law firms--but severability cannot cure an unconstitutional retaliatory intent that permeates every section of the orders.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
Federal judicial review of executive orders is one of the most important facets of the relationship between the president and the judicial branches. Many consider the president's executive orders attacking prominent law firms as an assault on the Constitution, the rule of law and the legal profession. The freedom to select legal counsel without the fear of punishment or retaliation from the federal government is a fundamental constitutional right. Sidelining lawyers, who act ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In