Unprecedented situations call for unprecedented punctuation — and gumbo
In a scathing ruling packed with nearly 30 exclamation marks and even a stew recipe, a judge sided with US law firm WilmerHale in successfully overturning an executive order issued by President Donald Trump.
Trump targeted BigLaw outfit WilmerHale last month, with an executive order sanctioning the firm. Notably, the president tied the firm to Robert Mueller, who led an investigation into Russian involvement in Trump’s first successful campaign for the presidency in 2016. Trump alleged the firm engaged in “conduct detrimental to critical American interests”.
The president has gained over £700 million in pro bono services from using this tactic on multiple top firms, including A&O Shearman and Kirkland & Ellis. Whilst individual lawyers, like ex-Skadden associate Rachel Cohen, have resigned in protest, other firms have brought legal challenges to the orders.
WilmerHale’s successful challenge has come in an unusual judgment that runs up to 73 pages. Throughout, Judge Richard J Leon has generously sprinkled 27 exclamation marks, including two in the opening paragraph.
The cornerstone of the American system of justice is an independent judiciary and an independent bar willing to tackle unpopular cases, however daunting. The Founding Fathers knew this! Accordingly, they took pains to enshrine in the Constitution certain rights that would serve as the foundation for that independence. Little wonder that in the nearly 250 years since the Constitution was adopted no Executive Order has been issued challenging these fundamental rights. Now, however, several Executive Orders have been issued directly challenging these rights and that independence. One of these Orders is the subject of this case. For the reasons set forth below, I have concluded that this Order must be struck down in its entirety as unconstitutional. Indeed, to rule otherwise would be unfaithful to the judgment and vision of the Founding Fathers!
For the uninitiated, this is highly unusual punctuation for a judge on either side of the pond.
Judge Leon, a George W. Bush appointee, takes it a step further. In footnote four, he compares the executive order to a bad gumbo — a type of stew popular in the US — and even includes a recipe.
The Order is akin to a gumbo. Sections 2 through 5 are the meaty ingredients — e.g., the Andouille, the okra, the tomatoes, the crab, the oysters. But it is the roux — here, § 1—which holds everything together. A gumbo is served and eaten with all the ingredients together, and so too must the sections of the Order be addressed together. As explained in this Memorandum Opinion, this gumbo gives the Court heartburn.
This judgment follows another unusual ruling where firms have challenged the Trump executive orders. The successful judgment for Perkins Coie opened with the Shakespeare line: “the first thing we do, let’s kill all the lawyers”:
@legalcheek US judge blocks Trump’s executive order by quoting Shakespeare 👩⚖️‼️#lawstudent #law #trump
