David L. Faigman

3 weeks ago | news.bloomberglaw.com | Erwin Chemerinsky |David L. Faigman |Nancy Gertner

Even though President Donald Trump has lost every case brought by law firms suing over his executive orders against them, he likely has achieved a primary objective—inflicting injury and intimidating major law firms so they will be less likely to challenge his executive actions. Surely the lawyers advising the president told him that his executive orders were blatantly unconstitutional and wouldn’t survive court challenge.