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DOJ to Appeal Susman Godfrey Victory in Trump EO Case

August 22, 2025 Mark Curriden

The U.S. Department of Justice notified U.S. District Judge Loren AliKhan that the government plans to appeal her decision two months ago to strike down President Donald Trump’s executive order targeting Susman Godfrey.

The Justice Department provided no details of its appellate arguments.

Lawyers for Susman Godfrey, a Houston-based litigation boutique, previously told The Texas Lawbook that they expected the DOJ would appeal Judge AliKhan’s ruling, but that they also expect the federal court of appeals will rule in the law firm’s favor. 

President Trump issued an executive order on April 9 condemning Susman Godfrey for alleged racial discrimination in its hiring practices and for “spearheading efforts to weaponize the American legal system and degrading the quality of American elections.” The president ordered federal agencies to ban Susman Godfrey lawyers and employees from all federal buildings and courthouses and to instruct businesses with government contracts to stop working with Susman Godfrey. The order also revoked national security clearances for all Susman Godfrey lawyers.

The president made it clear in public statements that he targeted Susman Godfrey and other law firms because they represented clients and causes he disliked. President Trump also issued executive orders against several other law firms. Some have chosen to fight while others reached out of court settlements with the White House. The law firms that chose to fight have so far won all their cases in federal court.

“The courts have spoken clearly and decisively: the administration’s executive orders targeting law firms violate the Constitution and undermine Americans’ right to choose a lawyer without fear,” a spokesperson for Susman Godfrey said Friday afternoon in a prepared statement. “Susman Godfrey challenged this order because we believe in the rule of law. That belief continues to guide us as we fight the administration’s unwarranted appeal and continue to defend the rights of our clients and our colleagues.”

Lawyers for Susman Godfrey have not been shy in attacking the Trump administration and its supporters. The firm represents the American Bar Association in a lawsuit against the Trump administration for targeting lawyers for doing their jobs. Susman lawyers also represent Media Matters in lawsuits against Elon Musk and Dominion Voting Systems in defamation cases against Fox News, Newsmax and others favorable to President Trump. 

Susman Godfrey sued the Trump administration to stop the executive order from being enforced.

On June 27, Judge AliKhan did just that, calling President Trump’s order “especially pernicious” and saying the allegations were not supported by any evidence.

Susman Godfrey is represented in the lawsuit by lawyers for Munger, Tolles & Olson.

The case is Susman Godfrey v. The Executive Office of the President. U.S. District Court of Washington, D.C. Case No. 1:25—cv—01107.

RELATED: Susman Godfrey EO Litigation Timeline

Mark Curriden

Mark Curriden is a lawyer/journalist and founder of The Texas Lawbook. In addition, he is a contributing legal correspondent for The Dallas Morning News.

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