Steven Strahler had an interesting article in Crains that dug into which Chicago firms were willing to sign onto an amicus brief challenging the Trump administration’s decision to blackball law firms that helped his political opponents. By way of background, Trump recently signed an executive order declaring that Perkins Coie(a large Chicago firm that represented Hilary Clinton) can no longer represent the federal government. Trump didn’t stop there though. He went further and actually barred Perkins Coie from entering federal premises – presumably federal courthouses. Yep, you read that right. The President of the United States actually signed an executive order barring a law firm from entering federal courtrooms. Because that law firm represented someone he does not like. The executive order is galactically foolish and childish and not likely to withstand judicial scrutiny. A federal judge has already entered a temporary restraining order barring enforcement of the order.

Recently a large group of law firms across the country signed onto an amicus brief seeking to make that temporary restraining order permanent. Strahler’s article asked what Chicago law firms have signed on. And the answer is hardly encouraging. While a number of medium-sized firms including Munger Tolles & Olson, Miller Shakman, Levine & Feldman and several prominent personal injury firms have signed on, there are some notable absences. Most of the large Chicago firms(save Jenner & Block – also hit by a similar executive order from Trump) have NOT signed on. Specifically Kirkland & Ellis, Sidley Austin, Mayer Brown and Winston & Strawn have not signed the brief.

Stephan Blandin, a principal at Romanucci & Blandin, one of the personal injury firms that signed the brief, was dismayed by the apparent reluctance of the big firms to get off the sidelines. “The silence of the big firms is palpable” he noted. “This is constitutional crisis like I have not seen in my lifetime and people are just looking the other way and going about their business.”

Nathan Elmer, a lawyer who worked on the brief, was more pointed when asked about the failure of big firms to get involved. “I think it’s a misplaced sense of values and lack of courage that made the difference.”