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Documented incident

Susman Godfrey: a fifth order, struck down

Editor's note: a federal court held the order unconstitutional and permanently enjoined it.

Scores: V 38, C 73, scored on September 27, 2026
Institutional outcome
Court granted summary judgment for Susman Godfrey and permanently enjoined the order; DOJ briefly moved to drop its appeal in March 2026, then pursued it, and the D.C. Circuit heard argument on May 14, 2026
What happened

A fifth executive order, using the same clearance/access/contract template as the other four, targeted litigation firm Susman Godfrey. The firm sued rather than settle.

Judge Loren AliKhan first granted a temporary restraining order, saying at the April 15, 2025 hearing that the government 'sought to use its immense power to dictate the positions that law firms may or may not take' and that the order was 'based on a personal vendetta' against the firm. On June 27, 2025 she granted summary judgment for Susman Godfrey, concluding that the order 'violates the U.S. Constitution and must be permanently enjoined.'

DOJ moved on March 2, 2026 to drop its appeals in all four litigated cases, then withdrew that motion the next day and asked the D.C. Circuit to overturn the rulings. The consolidated appeal was argued on May 14, 2026.

Evidence status
Documented
Legal status
Court found unconstitutional and permanently enjoined the order; DOJ briefly moved to drop its appeal in March 2026, then pursued it; argued 2026-05-14
Dates
EO 2025-04-09; TRO 2025-04-15; struck down 2025-06-27; DOJ motion to drop appeal 2026-03-02, withdrawn the next day; appeal argued 2026-05-14
Key actors
Sources
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