Case: Susman Godfrey LLP v. Executive Office of the President

1:25-cv-01107 | U.S. District Court for the District of District of Columbia

Filed Date: April 11, 2025

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Case Summary

This case challenged the constitutionality of an executive order (EO) that targeted a private law firm for its client representation and public positions. On April 11, 2025, Susman Godfrey LLP filed this lawsuit in the U.S. District Court for the District of Columbia against the Executive Office of the President, the Department of Justice, the Office of Management and Budget, and other federal agencies and officials. Represented by Munger, Tolles & Olson LLP, the firm sought declaratory and injunctive relief, alleging that Executive Order 14263—entitled “Addressing Risks from Susman Godfrey”—violated the First and Fifth Amendments and the Constitutional principle of separation of powers. The EO imposed restrictions on Susman’s access to federal buildings and contracts, threatened its security clearances, and directed agencies to sever relationships with the firm and its clients.

This case was assigned to Judge Loren L. AliKhan.

On April 15, the court granted a temporary restraining order (TRO) enjoining implementation of Sections 1, 3, and 5 of the order, which included the factual findings against the plaintiff, the contract-related provisions, and access restrictions. The parties then agreed to extend the TRO until final judgment.

The case proceeded on an expedited schedule. The plaintiff moved for summary judgment (SJ) on April 23, supported by dozens of amicus briefs from legal ethics professors, bar associations, law student organizations, and current and former judges, scholars, and corporate counsel. The government moved to dismiss, arguing lack of standing, sovereign immunity, and failure to state a claim.

On May 12, the plaintiff amended its complaint to add additional federal agencies affected by the order. Pursuant to a streamlined procedure approved by the court, the parties refiled their dispositive motions without additional briefing.

On June 27, the court denied the government’s motion to dismiss and granted Susman’s motion for summary judgment. The court held that Executive Order 14263 violated multiple constitutional provisions, including the First Amendment’s prohibitions on viewpoint discrimination and retaliation, the Fifth Amendment’s guarantees of due process, equal protection, and right to counsel, and the separation of powers. The court found the order impermissibly punished Susman for representing politically disfavored clients and engaging in protected expression. The court emphasized that Susman’s reputation, business, and client relationships had been harmed by an unlawful attempt to coerce and chill disfavored legal advocacy.

The court declared the executive order null and void, and entered a permanent injunction (PI) barring the federal government from enforcing, referencing, or giving effect to any part of it. The injunction required rescission of all related guidance, restoration of revoked security clearances, cessation of any related investigations, and notification of all affected agencies and personnel.

	Document
1 1:25-cv-01107	Complaint for Declaratory and Injunctive Relief	April 11, 2025	April 11, 2025 Complaint
10-1 1:25-cv-01107	Memorandum of Points and Authorities in Support of Plaintiff's Motion for a Temporary Restraining Order	April 14, 2025	April 14, 2025 Pleading / Motion / Brief
10 1:25-cv-01107	Plaintiff Susman Godfrey LLP's Motion for a Temporary Restraining Order	April 14, 2025	April 14, 2025 Pleading / Motion / Brief
15 1:25-cv-01107	Order	April 15, 2025	April 15, 2025 Order/Opinion 2025 WL 1113408
30 1:25-cv-01107	Order	April 16, 2025	April 16, 2025 Order/Opinion
51-1 1:25-cv-01107	Memorandum of Points and Authorities in Support of Plaintiff's Motion for Summary Judgment	April 23, 2025	April 23, 2025 Pleading / Motion / Brief
58-1 1:25-cv-01107	Defendants' Memorandum in Support of Motion to Dismiss	April 23, 2025	April 23, 2025 Pleading / Motion / Brief
159 1:25-cv-01107	Defendants' Opposition to Plaintiff's Motion for Summary Judgment	April 30, 2025	April 30, 2025 Pleading / Motion / Brief
158 1:25-cv-01107	Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss	April 30, 2025	April 30, 2025 Pleading / Motion / Brief
164 1:25-cv-01107	Reply Memorandum in Support of Plaintiff's Motion for Summary Judgment	May 5, 2025	May 5, 2025 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11611137) filed by SUSMAN GODFREY LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons, # 23 Summons, # 24 Summons, # 25 Summons, # 26 Summons, # 27 Summons, # 28 Summons, # 29 Summons, # 30 Summons, # 31 Summons, # 32 Summons, # 33 Summons, # 34 Summons, # 35 Summons, # 36 Summons, # 37 Summons, # 38 Summons, # 39 Summons, # 40 Summons, # 41 Summons, # 42 Summons, # 43 Summons, # 44 Summons, # 45 Summons, # 46 Summons, # 47 Summons, # 48 Summons, # 49 Summons, # 50 Summons, # 51 Summons, # 52 Summons, # 53 Summons, # 54 Summons, # 55 Summons, # 56 Summons, # 57 Summons, # 58 Summons)(Verrilli, Donald) (Entered: 04/11/2025) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Civil Cover Sheet View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER 8 Summons View on PACER 9 Summons View on PACER 10 Summons View on PACER 11 Summons View on PACER 12 Summons View on PACER 13 Summons View on PACER 14 Summons View on PACER 15 Summons View on PACER 16 Summons View on PACER 17 Summons View on PACER 18 Summons View on PACER 19 Summons View on PACER 20 Summons View on PACER 21 Summons View on PACER 22 Summons View on PACER 23 Summons View on PACER 24 Summons View on PACER 25 Summons View on PACER 26 Summons View on PACER 27 Summons View on PACER 28 Summons View on PACER 29 Summons View on PACER 30 Summons View on PACER 31 Summons View on PACER 32 Summons View on PACER 33 Summons View on PACER 34 Summons View on PACER 35 Summons View on PACER 36 Summons View on PACER 37 Summons View on PACER 38 Summons View on PACER 39 Summons View on PACER 40 Summons View on PACER 41 Summons View on PACER 42 Summons View on PACER 43 Summons View on PACER 44 Summons View on PACER 45 Summons View on PACER 46 Summons View on PACER 47 Summons View on PACER 48 Summons View on PACER 49 Summons View on PACER 50 Summons View on PACER 51 Summons View on PACER 52 Summons View on PACER 53 Summons View on PACER 54 Summons View on PACER 55 Summons View on PACER 56 Summons View on PACER 57 Summons View on PACER 58 Summons View on PACER	April 11, 2025	April 11, 2025 Clearinghouse
2	NOTICE of Appearance by Donald Beaton Verrilli, Jr on behalf of SUSMAN GODFREY LLP (Verrilli, Donald) (Entered: 04/11/2025)	April 11, 2025	April 11, 2025 PACER
3	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SUSMAN GODFREY LLP (Verrilli, Donald) (Entered: 04/11/2025)	April 11, 2025	April 11, 2025 PACER
4	NOTICE of Appearance by Elaine J. Goldenberg on behalf of SUSMAN GODFREY LLP (Goldenberg, Elaine) (Entered: 04/11/2025)	April 11, 2025	April 11, 2025 PACER
5	NOTICE of Appearance by Ginger Dawn Anders on behalf of SUSMAN GODFREY LLP (Anders, Ginger) (Entered: 04/11/2025)	April 11, 2025	April 11, 2025 PACER
6	NOTICE of Appearance by Rachel G. Miller-Ziegler on behalf of SUSMAN GODFREY LLP (Miller-Ziegler, Rachel) (Entered: 04/11/2025)	April 11, 2025	April 11, 2025 PACER
7	NOTICE of Appearance by Jeremy Kreisberg on behalf of SUSMAN GODFREY LLP (Kreisberg, Jeremy) (Entered: 04/11/2025)	April 11, 2025	April 11, 2025 PACER
8	NOTICE of Appearance by Esthena Barlow on behalf of SUSMAN GODFREY LLP (Barlow, Esthena) (Entered: 04/11/2025)	April 11, 2025	April 11, 2025 PACER
10	MOTION for Temporary Restraining Order by SUSMAN GODFREY LLP. (Attachments: # 1 Memorandum in Support, # 2 Declaration Anders, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Declaration Hirshon, # 14 Declaration Srinivasan, # 15 Exhibit 65.1 Certificate, # 16 Text of Proposed Order)(Verrilli, Donald) (Entered: 04/14/2025) 1 Memorandum in Support View on RECAP 2 Declaration Anders View on RECAP 3 Exhibit A View on RECAP 4 Exhibit B View on RECAP 5 Exhibit C View on RECAP 6 Exhibit D View on RECAP 7 Exhibit E View on RECAP 8 Exhibit F View on RECAP 9 Exhibit G View on RECAP 10 Exhibit H View on RECAP 11 Exhibit I View on RECAP 12 Exhibit J View on RECAP 13 Declaration Hirshon View on RECAP 14 Declaration Srinivasan View on RECAP 15 Exhibit 65.1 Certificate View on RECAP 16 Text of Proposed Order View on RECAP	April 14, 2025	April 14, 2025 Clearinghouse
11	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brad D. Brian, Filing fee $ 100, receipt number ADCDC-11615045. Fee Status: Fee Paid. by SUSMAN GODFREY LLP. (Attachments: # 1 Declaration of Brad D. Brian, # 2 Text of Proposed Order)(Verrilli, Donald) (Entered: 04/14/2025)	April 14, 2025	April 14, 2025 PACER
12	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael R. Doyen, Filing fee $ 100, receipt number ADCDC-11615053. Fee Status: Fee Paid. by SUSMAN GODFREY LLP. (Attachments: # 1 Declaration of Michael R. Doyen, # 2 Text of Proposed Order)(Verrilli, Donald) (Entered: 04/14/2025)	April 14, 2025	April 14, 2025 PACER
13	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Hailyn Chen, Filing fee $ 100, receipt number ADCDC-11615058. Fee Status: Fee Paid. by SUSMAN GODFREY LLP. (Attachments: # 1 Declaration of Hailyn Chen, # 2 Text of Proposed Order)(Verrilli, Donald) (Entered: 04/14/2025)	April 14, 2025	April 14, 2025 PACER
9	SUMMONS (55) Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 04/14/2025) 1 Notice and Consent View on PACER	April 14, 2025	April 14, 2025 PACER
	Case Assigned to Judge Loren L. AliKhan. (zmtm)	April 14, 2025	April 14, 2025 PACER
	Case Assigned/Reassigned	April 14, 2025	April 14, 2025 PACER
	Order Setting Hearing on Motion	April 14, 2025	April 14, 2025 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	April 14, 2025	April 14, 2025 PACER
	MINUTE ORDER: In light of Plaintiff's Motion for a Temporary Restraining Order 10, it is hereby ORDERED that the parties shall appear for a hearing on the motion on April 15, 2025 at 2:00 p.m. in Courtroom 21. It is further ORDERED that Plaintiff shall serve Defendants with a copy of this Order immediately upon receipt to ensure that counsel for Defendants has sufficient notice to appear at the hearing.The court will provide access for the public to telephonically attend the hearing. The hearing can be accessed by dialing the Toll Free Number: 833-990-9400 (Meeting ID: 715234770). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Loren L. AliKhan on 04/14/2025. (lclla2)	April 14, 2025	April 14, 2025 PACER
	MINUTE ORDER: Upon consideration of Plaintiff's Motion for Admission Pro Hac Vice 11, it is hereby ORDERED that the motion is GRANTED and BRAD D. BRIAN is granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civ. R. 83.6(a). Click for Instructions. Signed by Judge Loren L. AliKhan on 4/14/2025. (lclla2)	April 14, 2025	April 14, 2025 PACER
	MINUTE ORDER: Upon consideration of Plaintiff's Motion for Admission Pro Hac Vice 12, it is hereby ORDERED that the motion is GRANTED and MICHAEL R. DOYEN is granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civ. R. 83.6(a). Click for Instructions. Signed by Judge Loren L. AliKhan on 04/14/2025. (lclla2)	April 14, 2025	April 14, 2025 PACER
	MINUTE ORDER: Upon consideration of Plaintiff's Motion for Admission Pro Hac Vice 13, it is hereby ORDERED that the motion is GRANTED and HAILYN CHEN is granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civ. R. 83.6(a). Click for Instructions. Signed by Judge Loren L. AliKhan on 04/14/2025. (lclla2)	April 14, 2025	April 14, 2025 PACER
14	NOTICE of Appearance by Richard Lawson on behalf of All Defendants (Lawson, Richard) (Entered: 04/15/2025)	April 15, 2025	April 15, 2025 RECAP
15	ORDER granting Plaintiff's Motion for Temporary Restraining Order 10 . See order for details. Signed by Judge Loren L. AliKhan on 04/15/2025. (lclla2) (Entered: 04/15/2025)	April 15, 2025	April 15, 2025 Clearinghouse
16	NOTICE of Appearance by Brad Dennis Brian on behalf of SUSMAN GODFREY LLP (Brian, Brad) (Entered: 04/15/2025)	April 15, 2025	April 15, 2025 PACER
17	NOTICE of Appearance by Michael R. Doyen on behalf of SUSMAN GODFREY LLP (Doyen, Michael) (Entered: 04/15/2025)	April 15, 2025	April 15, 2025 PACER
18	NOTICE of Appearance by Hailyn Jennifer Chen on behalf of SUSMAN GODFREY LLP (Chen, Hailyn) (Entered: 04/15/2025)	April 15, 2025	April 15, 2025 PACER
	Motion Hearing AND ~Util - Set/Reset Deadlines	April 15, 2025	April 15, 2025 PACER
	Motion Hearing	April 15, 2025	April 15, 2025 PACER
	Minute Entry for MOTION HEARING held on 4/15/2025 before Judge Loren L. AliKhan: The matter comes before the court for a Motion Hearing on Plaintiff's Motion 10 for a Temporary Restraining Order ("TRO"). Donald B. Verrilli, Jr., Brad D. Brian, Ginger D. Anders, and Jeremy Kreisberg present on behalf of Plaintiff. Richard Lawson present on behalf of Defendants. Oral arguments heard. For the reasons stated from the bench, the court grants Plaintiff's motion for a TRO and Defendants are enjoined from implementing sections one, three, and five of the Executive Order of April 9, 2025 entitled Addressing Risks from Susman Godfrey. Defendants shall file a status report by 5:00 p.m. on April 16, 2025 describing the steps taken to ensure compliance with the court's order, and the parties shall file a joint status report by 5:00 p.m. on April 16, 2025 setting forth a briefing schedule. The court declined to impose a bond under Fed. R. Civ. Proc Rule 65(c). Order to follow. (Court Reporter Jeffrey Hook)(mhp)	April 15, 2025	April 15, 2025 PACER
19	TRANSCRIPT OF MOTION HEARING before Judge Loren L. AliKhan held on April 15, 2025. Page Numbers: 1 - 74. Date of Issuance: April 16, 2025. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/7/2025. Redacted Transcript Deadline set for 5/17/2025. Release of Transcript Restriction set for 7/15/2025.(Hook, Jeff) (Entered: 04/16/2025)	April 16, 2025	April 16, 2025 PACER
20	ENTERED IN ERROR.....MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bethany W. Kristovich, Filing fee $ 100, receipt number ADCDC-11620474. Fee Status: Fee Paid. by SUSMAN GODFREY LLP. (Attachments: # 1 Declaration of Bethany W. Kristovich, # 2 Text of Proposed Order)(Kristovich, Bethany) Modified on 4/16/2025 (znmw). (Entered: 04/16/2025)	April 16, 2025	April 16, 2025 PACER
21	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Adam Benjamin Weiss, Filing fee $ 100, receipt number ADCDC-11620732. Fee Status: Fee Paid. by SUSMAN GODFREY LLP. (Attachments: # 1 Declaration of Adam B. Weiss, # 2 Text of Proposed Order)(Verrilli, Donald) (Entered: 04/16/2025)	April 16, 2025	April 16, 2025 PACER
22	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jennifer L. Bryant, Filing fee $ 100, receipt number ADCDC-11620754. Fee Status: Fee Paid. by SUSMAN GODFREY LLP. (Attachments: # 1 Declaration of Jennifer L. Bryant, # 2 Text of Proposed Order)(Verrilli, Donald) (Entered: 04/16/2025)	April 16, 2025	April 16, 2025 PACER
23	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- William McLeese Orr, Filing fee $ 100, receipt number ADCDC-11620804. Fee Status: Fee Paid. by SUSMAN GODFREY LLP. (Attachments: # 1 Declaration of William McLeese Orr, # 2 Text of Proposed Order)(Verrilli, Donald) (Entered: 04/16/2025)	April 16, 2025	April 16, 2025 PACER
24	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Miranda Elizabeth Rehaut, Filing fee $ 100, receipt number ADCDC-11620822. Fee Status: Fee Paid. by SUSMAN GODFREY LLP. (Attachments: # 1 Declaration of Miranda Elizabeth Rehaut, # 2 Text of Proposed Order)(Verrilli, Donald) (Entered: 04/16/2025)	April 16, 2025	April 16, 2025 PACER
25	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Juliana M. Yee, Filing fee $ 100, receipt number ADCDC-11620841. Fee Status: Fee Paid. by SUSMAN GODFREY LLP. (Attachments: # 1 Declaration of Juliana M. Yee, # 2 Text of Proposed Order)(Verrilli, Donald) (Entered: 04/16/2025)	April 16, 2025	April 16, 2025 PACER
26	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Shannon Colleen Galvin Aminirad, Filing fee $ 100, receipt number ADCDC-11620848. Fee Status: Fee Paid. by SUSMAN GODFREY LLP. (Attachments: # 1 Declaration of Shannon Colleen Galvin Aminirad, # 2 Text of Proposed Order)(Verrilli, Donald) (Entered: 04/16/2025)	April 16, 2025	April 16, 2025 PACER
27	Joint STATUS REPORT by SUSMAN GODFREY LLP. (Attachments: # 1 Text of Proposed Order)(Verrilli, Donald) (Entered: 04/16/2025) 1 Text of Proposed Order View on RECAP	April 16, 2025	April 16, 2025 RECAP
28	STATUS REPORT by SCOTT BESSENT, PAMELA J. BONDI, DOUG BURGUM, CENTRAL INTELLIGENCE AGENCY, LORI CHAVEZ-DEREMER, DOUGLAS A. COLLINS, DEPARTMENT OF AGRICULTURE, DEPARTMENT OF COMMERCE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, DEPARTMENT OF LABOR, DEPARTMENT OF STATE, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF THE TREASURY, DEPARTMENT OF TRANSPORTATION, SEAN DUFFY, ENVIRONMENTAL PROTECTION AGENCY, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, EXECUTIVE OFFICE OF THE PRESIDENT, FEDERAL TRADE COMMISSION, ANDREW N. FERGUSON, TULSI GABBARD, JAMIESON GREER, PETER B. HEGSETH, AMY A. KARPEL, ROBERT F. KENNEDY, JR, KELLY LOEFFLER, ANDREA R. LUCAS, HOWARD LUTNICK, LINDA M. MCMAHON, KRISTI NOEM, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE, JOHN L. RATCLIFFE, BROOKE L. ROLLINS, MARCO RUBIO, SECURITIES AND EXCHANGE COMMISSION, SMALL BUSINESS ADMINISTRATION, COKE MORGAN STEWART, SCOTT TURNER, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF VETERANS AFFAIRS, UNITED STATES INTERNATIONAL TRADE COMMISSION, UNITED STATES OF AMERICA, UNITED STATES PATENT AND TRADEMARK OFFICE, MARK T. UYEDA, RUSSELL T. VOUGHT, CHRIS WRIGHT, LEE M. ZELDIN. (Attachments: # 1 Attachment)(Lawson, Richard) (Entered: 04/16/2025) 1 Attachment View on RECAP	April 16, 2025	April 16, 2025 RECAP
29	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bethany W. Kristovich, Filing fee $ 100, receipt number ADCDC-11621737. Fee Status: Fee Paid. by SUSMAN GODFREY LLP. (Attachments: # 1 Declaration of Bethany W. Kristovich, # 2 Text of Proposed Order)(Verrilli, Donald) (Entered: 04/16/2025) 1 Declaration of Bethany W. Kristovich View on PACER 2 Text of Proposed Order View on PACER	April 16, 2025	April 16, 2025 PACER

Case: Susman Godfrey LLP v. Executive Office of the President

1:25-cv-01107 | U.S. District Court for the District of District of Columbia

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