For much of its history, Jones Day was a juggernaut in the field of corporate litigation. A global goliath with more than 40 offices and about 2,500 lawyers, it raked in billions a year in fees from tobacco, opioid, gun and oil companies, among many other giant corporations in need of a state-of-the-art defense. More than most of its competitors, the firm had an army of litigators who had perfected the art of exploiting tiny legal wrinkles, of burying outmatched opponents in paperwork and venue changes and procedural minutiae. But over the past two decades, Jones Day has been building a different kind of legal practice, one dedicated not just to helping Republicans win elections but to helping them achieve their political aims once in office. Chief among those aims was dismantling what Don McGahn — the Jones Day partner who helped run Trump’s campaign and then became his White House counsel — disparagingly referred to as the “administrative state.” To do that, the firm was bringing all the ruthless energy and creativity of corporate law to the political realm.
Jones Day lured dozens of young Supreme Court clerks, mostly from conservative justices, with six-figure signing bonuses and the opportunity to work on favored causes, including legal challenges to gun control and Obamacare. The firm allotted countless pro bono hours to aiding the needy — and also to assisting deep-pocketed right-wing groups as they fought against early voting and a federal corporate-oversight body.
Representing Trump’s 2016 campaign, Jones Day helped him solidify Republican support by pledging to pick federal judges from a list that was vetted in advance by the law firm and the Federalist Society. When Trump won, a large fleet of Jones Day lawyers sailed into his White House, the Justice Department and other parts of his administration. But the biggest impact was on the judiciary. Trump delegated the task of selecting federal judges to McGahn, who — working closely with Senator Mitch McConnell, the majority leader — placed well over 100 conservatives on the federal courts, including several who had recently worked at Jones Day. Even after rejoining Jones Day in 2019, McGahn continued to advise Senate Republicans on judicial strategy.
It is not uncommon for partners at corporate law firms to dabble in politics. Nor is it rare for a firm itself to throw its weight behind causes on the left or the right. One of the country’s richest firms, Paul, Weiss, for example, has long staked out liberal stances on the public issues of the day (even as it rakes in fees from companies that undercut those ideals). What sets Jones Day apart is the degree to which it penetrated the federal government under Trump and is now taking advantage of a judicial revolution that it helped set in motion.
The power of that revolution, which is spreading to courtrooms and statehouses around the country, is now on vivid display. Even with Democrats controlling the White House and Congress, the Supreme Court has been on a rightward tear. In its most recent term, Trump’s three appointees — the first two handpicked by McGahn and the third, Barrett, plucked by him out of academia for the federal bench — helped erase the constitutional right to abortion, erode the separation of church and state, undermine states’ power to control guns and constrain the authority of federal regulators. Jones Day had a hand in some of those cases, and the firm has telegraphed that it is eyeing additional legal challenges in line with its leaders’ ideology.