DOJ reverses course to continue defending law firm sanctions in sudden about-face

The Justice Department on Tuesday asked the D.C. Circuit to disregard its motion filed the previous day to dismiss an appeal of preliminary injunctions blocking executive orders that sanctioned four law firms. The department had sought voluntary dismissal on Monday of its appeal involving Perkins Coie, Jenner and Block, WilmerHale and Susman Godfrey. In a one page filing Tuesday, Justice Department officials argued the court had not yet acted on the dismissal motion and therefore should allow the government to proceed with its defense of the orders. The government reached out to the law firms earlier Tuesday to seek their position on the request. The firms opposed the move in a statement that said plaintiffs appellees oppose the government s unexplained request to withdraw yesterday s voluntary dismissal to which all parties had agreed. The reversal comes as the Justice Department faces a Friday deadline to file its appeal brief. Jenner and Block had issued a statement welcoming the earlier dismissal filing before taking it down after the government s change in position. The White House and Justice Department did not respond to requests for comment on the reversal.