“Trump’s Strategy in Law Firm Cases: Lose, Don’t Appeal, Yet Prevail”

Adam Liptak for the NYT:

The Trump administration is ordinarily quick to appeal its losses. When courts in recent weeks blocked President Trump’s tariff plans and his takeover of National Guard troops in California, government lawyers filed appeals within hours. The administration has also filed 19 emergency applications with the Supreme Court since the president took office.

But administration lawyers have done nothing to challenge a series of stinging rulings rejecting Mr. Trump’s efforts to punish prominent law firms for what he called “conduct detrimental to critical American interests” by representing clients and causes not to his liking.

The administration’s unconventional litigation strategy is telling, said W. Bradley Wendel, a law professor at Cornell who is an authority on legal ethics.

“They knew that these were losing positions from the beginning and were not actually hoping to win in court, but rather to intimidate firms into settling, as many firms did,” he said. “Now that they have racked up the four losses in district courts, it is not surprising that they are not appealing, because I don’t think they ever thought these were serious positions.”…

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