Attorney General Pam Bondi just made a significant escalation in the feud between President Donald Trump’s administration and the federal judiciary — and she’s hoping to enlist the Supreme Court to the White House’s side.
On Wednesday, the Washington Post reported that Bondi made it clear she didn’t appreciate having to abide by a lower court order in a memorandum sent to various heads of federal agencies. The memo was written as part of an order from U.S. District Judge John D. Bates (an appointee of former President George W. Bush) instructing Bondi and Office of Management and Budget Director Russell Vought to tell agencies they were prohibited from implementing parts of an executive order Trump handed down targeting the law firm Jenner & Block.
In Trump’s initial executive order, he prohibited the firm’s attorneys from entering government buildings (a virtual impossibility for lawyers who practice in Washington D.C.), stripped attorneys of security clearances and imposed various other sanctions. The Janner & Block executive order is part of a pattern of other related orders explicitly targeting law firms that worked for Trump’s political opponents.
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The attorney general didn’t mince words for the “unelected” judge who authored the decision, which she said “invaded the policy-making and free speech prerogatives of the executive branch.” She also notably expressed hope that the Supreme Court would step in and explicitly allow the administration to sidestep lower courts.
“Local district judges lack this authority, and the Supreme Court should swiftly constrain these judges’ blatant overstepping of the judicial power,” Bondi wrote.
While some law firms cut deals with the administration in order to roll back his orders, other firms — like Janner & Block — sued to prevent the orders from going into effect. Janner & Block was one of three firms that found success in their litigation against the White House. WilmerHale and Perkins Coie were also targeted and successfully fought back in the courts.
Bondi’s memo comes as the Trump administration has repeatedly attempted to ignore orders from federal judges striking down Trump’s policies and enlist the High Court in its fight. When U.S. District Judge James Boasberg ordered the return of an immigrant the administration admitted was wrongfully deported to El Salvador, the administration appealed to the Supreme Court. The 6-3 conservative supermajority halted the deadline imposed by Boasberg to bring the man back to the United States, and allowed the administration to continue deporting immigrants under the Alien Enemies Act of 1798.
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Click here to read the Post’s report in full (subscription required).
