“Obstruct or Defend?” – What’s Law’s REAL Role?

Former Biden administration attorneys have created a coordinated legal network to obstruct Trump’s policies and protect the federal bureaucracy they helped establish.

At a Glance

  • Over 200 lawsuits have been filed against Trump administration policies, with more than 70 rulings blocking these efforts
  • Former Biden DOJ officials are joining existing progressive litigation firms or starting their own to target Trump’s agenda
  • New legal entities like Justice Connection and Civil Service Law Center were formed specifically to defend federal workers from dismissal
  • Former Attorney General Merrick Garland and other high-ranking DOJ officials have joined private firms involved in anti-Trump litigation
  • Major law firms are increasingly reluctant to challenge the administration, creating opportunity for these specialized advocacy firms

New Legal Battleground Emerges

A wave of Biden-era Department of Justice attorneys have strategically positioned themselves to wage legal warfare against the Trump administration. These lawyers have either joined established left-wing litigation groups or founded their own firms with the explicit purpose of challenging Trump’s policies through the court system. This organized effort has already resulted in over 200 lawsuits against the administration, with more than 70 court rulings that have temporarily or permanently blocked various initiatives.

Democracy Forward, a progressive legal organization, has become a primary landing spot for former DOJ attorneys, including Jodie Morse and Brian Netter. These lawyers bring insider knowledge of federal agencies and regulations that proves valuable in crafting legal challenges. Meanwhile, Rachel Rossi, who previously directed the Office for Access to Justice at Biden’s DOJ, now serves as president of Alliance for Justice, an organization actively opposing Trump’s judicial nominees.

New Firms Fill Legal Void

Daniel Jacobson, former general counsel in the Office of Management and Budget under Biden, exemplifies this trend by establishing his own firm focused on helping organizations affected by Trump administration funding cuts. His practice specifically targets clients who cannot afford major law firms and is staffed by six attorneys, all with previous government experience. The firm has already taken on five cases, including efforts to block the dismantling of the National Endowment for the Humanities.

“I don’t need to worry about trimming my sails out of fear of being targeted or something like that. I can just take the cases that I think are important and should be taken.”, said Daniel Jacobson.

The emergence of these specialized firms coincides with major law firms’ increasing reluctance to challenge the Trump administration. Traditional firms worry about potential repercussions from opposing the government, creating both a legal void and an opportunity for these new advocacy-oriented practices. This shift represents a significant change in how legal opposition to presidential administrations is organized.

Protecting Federal Employees

Several new legal entities focus specifically on defending federal workers facing dismissal under Trump’s efforts to reform the bureaucracy. Clayton Bailey and Jessica Merry Samuels, both former justice department attorneys, founded The Civil Service Law Center to represent fired federal employees. Bailey’s firm has already filed a class action lawsuit against the Department of Health and Human Services on behalf of terminated workers.

“As soon as I sort of got that feeling that I was going to get things that were being done that were unlawful, that I was going to be asked to defend, I realized that it wasn’t going to be the place for me for the next four years.”, said Clayton Bailey.

Similarly, Stacey Young launched Justice Connection to provide legal support for DOJ employees targeted by employment actions or investigations. These firms focus on leveraging their expertise in federal employment law to slow or block personnel changes within government agencies. Their work complements broader efforts to challenge policy changes through litigation.

Senior Officials Join the Resistance

Former high-ranking Biden administration officials have also found positions at established firms engaged in anti-Trump litigation. Most notably, former Attorney General Merrick Garland joined Arnold & Porter, a firm with multiple pending cases against the Trump administration. Similarly, Matthew Olsen, who served as Assistant Attorney General for National Security, moved to WilmerHale, another firm involved in litigation against the administration.

“It is an honor to return to Arnold & Porter, where I first learned how to be a lawyer and about the important role lawyers can play in ensuring the rule of law,”, said Merrick Garland.

Critics argue this coordinated legal opposition reflects a deeper resistance to the democratic process. Mike Davis, a conservative legal advocate, has characterized these efforts as Democratic lawyers conspiring with former government officials to obstruct the administration’s constitutional authority. Supporters counter that these legal challenges serve as necessary checks against potential overreach and protect established governmental norms.

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