Legal Developments: A Fistful of Hot Takes

Walking Out the Door at Paul, Weiss

Four top litigation partners at Paul, Weiss have walked out the, together with their associates, their paralegals, their secretaries, and their book of business. In my experience, this sort of thing happens all the time at the big firms, even without cowardly deals capitulating to a would-be tinpot dictator. I wish I were persuaded that the walkout was over the Trump deal—and that it presages severe harm to the Cowardly Nine firm—but if wishes were horses, we’d all take a ride.

And if you don’t like my hot take on the matter, then ask perplexity.ai “Does the departure of four litigation partners at Paul Weiss mean anything?” Their AI chatbot’s opinion is quite different from mine.

How Many Federal Officials Can Trump Fire?

According to statutory law, a president cannot fire, without cause, a member of the National Labor Relations Board or of the Merit Systems Protection Board. Trump did it anyway. The lower courts told him to reinstate the two individuals, pending a final decision on the merits. Over the dissent of the three liberals, the rest of the court ordered that, until the case is decided on the merits, the two fired officials can stay fired. 

The legal issues are a teense complex, and if you’re interested, check out this article from SCOTUSblog.

My hot take: A majority of the Supreme Court seems to be getting ready to shitcan a century of precedent, and to destroy the independent status of heretofore independent agencies like the Federal Trade Commission. 

What Else Happened to Team Trump in the Courts Last Week?

Nothing good for Trump. Harvard filed a new lawsuit against Team Trump, challenging the Administration’s refusal to allow any foreign students next year. The judge granted Harvard a preliminary injunction so fast that he barely had time to read the papers.

Another judge granted Jenner & Block’s request for a preliminary injunction against Trump. And a third judge ruled that Trump had acted illegally against the United States Institute of Peace. 

A Reminder About a Fundamental Rule of Constitutional Law

Finally, Prof. Mitchell Berman of the University of Pennsylvania reminds us that No, Trump can’t force his agenda on U.S. entities. They have rights: The government cannot withhold benefits because it doesn’t like how people exercise their rights.