Milbank LLP is gaining attention for its willingness to challenge the Trump administration despite previously agreeing to provide substantial pro bono support. The firm signed onto a lawsuit opposing Trump's "Liberation Day" tariffs, with partner Neal Katyal emphasizing the need to uphold the separation of powers set by the Founders. This move reassures clients and employees alike that Milbank will not merely serve as a legal tool of the administration, but actively defend constitutional principles and the interests of affected businesses.
These presidential actions fall on the wrong side of the line. I look forward to vindicating our Founders' view of the separation of powers, and to restoring the primacy of Congress over such major questions.
The plaintiffs are a group of small businesses impacted by the tariffs. Represented by the libertarian-leaning legal non-profit the Liberty Justice Center, they won a case in front of the U.S. Court of International Trade arguing that Trump overstepped his authority.
Milbank is showing the world that despite inking a deal with the administration, they just might be willing to court Trump's ire.
It must be quite reassuring to clients, as well as the rank-and-file at the firm, to know that Milbank is more than just the administration's legal lapdog.
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