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BREAKING: At the conclusion of today's hearing, Judge Beryl Howell issues a temporary restraining order from the bench, blocking enforcement of Sections 1, 3, and 5 of Trump's executive order against the law firm of Perkins Coie. Sections 2 & 4 were not included in the TRO request, she noted.
Howell finds Perkins Coie is likely to succeed on its First Amendment arguments that the order is unconstitutional retaliation — the "retaliatory animus" is clear, she noted, from the EO and fact sheet — and unconstitutional viewpoint discrimination — which she notes SCOTUS particularly disfavors.
The order is neither narrowly tailored, Howell finds, nor does it advance a compelling interest. The mention of "national security" as an interest is insufficient, she finds, in light of the facts of the order.
Howell also finds the executive order likely violates the due process rights of Perkins Coie, referencing the order as creating a "badge of infamy," as previously cited in the Supreme Court law. "No process was given," Howell states plainly.
Finally, Howell finds Perkins Coie is likely to succeed in its Sixth Amendment right to counsel claim.
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As to irreparable harm: The First Amendment harms are already happening, Howell finds, because the EO is already chilling lawyers. The EO is already harming the firm's due process rights and harming client relationships. Economic and reputational harms are found sufficient as well.
At to balance of the interests, Howell notes this is "personal grievance" of Trump's and his "personal vendetta" is not a government interest. The public interest strongly favors the issuance of a TRO, Howell finds, due to the viewpoint-based fear this would create for our legal system.
That's that. A written order will follow, but the TRO is issued.
The parties agreed to move forward to summary judgment — skipping over a preliminary injunction stage to resolving the case on the legal merits. They are to present a proposed schedule to Howell (I believe, tomorrow).
Update: Judge Howell has filed her written TRO:
https://storage.courtlistener.com/recap/gov.uscourts.dcd.278290/gov.uscourts.dcd.278290.21.0_2.pdf