All Rise: It's Time to Stand

The Rule of Law Supports Us All

All rise.

The sound of young lawyers getting up from their seats in that massive Chicago convention center was like thunder. There were so many new attorneys being sworn in that day that we were asked to simply stand up in our seats so that we could take the oath right there, surrounded by our friends and family.

And so I stood, along with hundreds upon hundreds of other young lawyers – newly minted and excited to begin careers in the practice of law – to raise my right hand.

I remember my mother sitting next to me. I remember the sticky floor under my chair. I remember the moment feeling both overwhelming and anticlimactic.

And I remember the suit that I wore – it was blue and white and I wore it because I liked the shoes that went with it. They were comfortable, stylish.

So there I stood, a baby lawyer taking her first wobbly steps in those pretty blue pumps.

I raised my hand and repeated:

I do solemnly swear that I will support the constitution of the United States and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of attorney and counselor at law to the best of my ability.

I promised to uphold the law, and to do my very best.

I tear up even just writing that sentence.

After the swearing in ceremony my mother and I went to the first of a few receptions held by the firm where I began my legal career: Jenner & Block. I was proud to work on a few cases with the chairman of the firm, Jerold Solovy (I called him Jerry). Affable, brilliant, warm – he was wonderful to work with (even if demanding).

Image Credit: Jenner & Block 2002 Highlights

Ultimately, I worked on too many cases and said no too few times. I overextended myself, and after a few years left the firm to save my sanity.

But even as I was leaving, a colleague popped his head into my office to tell me there was an office pool on how long it would take for me to come back. I never did come back, but I thought about it almost every day.

Because Jenner & Block was, and is, a special place.

Scrappy, smart, independent, fierce – and dedicated to service. When I was looking for a photo of myself as a young lawyer at Jenner, I found the old 2002 Highlights brochure – with a pull quote from a partner saying “Jenner & Block is a place where people come because they want to make a difference.”

That ethos is why I joined Jenner in 2002. I imagine it’s why the newest crop of young associates joined in 2024.

While it counts some of the biggest, baddest companies in the world as its clients – it also has a robust pro bono practice, where top-flight lawyers provide counsel for free. When I was there two decades ago, the question wasn’t whether you had a pro bono matter – but how many. That doesn’t seem to have changed. Jenner has been ranked the top pro bono firm in the United States in 12 of the last 15 years.

It’s that pro bono service that landed Jenner in the crosshairs of the Trump administration.

Last week, Trump signed an Executive Order specifically targeting Jenner & Block – saying the firm “abused its pro bono practice to engage in activities that undermine justice and the interests of the United States.” It then pointed to Jenner’s pro bono work supporting transgender people and immigrants.

As punishment for the transgression of taking positions the administration disagrees with, the EO restricts access to federal buildings for Jenner’s 900+ attorneys and staff. It tells agencies not to meet with or even engage with Jenner personnel. It suspends the security clearances held by Jenner staff. It requires clients to disclose their business with Jenner – and cancels any contracts with the firm.

It’s an order of destruction – not just of the firm, but of the rule of law.

Because if law firms are not able to represent the clients of their choosing, in the matters of their choosing, against the appropriate defendants (regardless of their affiliation with the current administration) – then we have lost the rule of law.

As you probably know, Jenner is not the only law firm that has been hit with this kind of Executive Order. Fellow top flight law firms – Perkins Coie, Paul Weiss, and WilmerHale – have been on the receiving end, too. But as a lawyer who assumed the desire to protect the rule of law would surpass any desire to protect profits, I was shocked that these law firms’ responses were not unanimous.

On one hand, Perkins and WilmerHale fought back – immediately suing and obtaining temporary restraining orders. On the other hand, Paul Weiss capitulated and negotiated a treaty – while complaining that other firms began to poach their clients (which is despicable if true, but not an excuse). Another big law firm, Skadden, Arps, reached out to the administration before it even got an individualized EO; in other words, Skadden obeyed in advance and proved to the administration that its tactic was effective.

Considering the different responses, when Jenner was on the receiving end of the EO last week, a number of people reached out – asking if I thought the firm would stand or cave.

I waited impatiently, nervously.

I think I speak on behalf of everyone who’s ever worked at Jenner when I say that when I finally read their public statement, I was intensely, incredibly proud.

It read:

On March 28, 2025, Jenner & Block filed a lawsuit to stop an unconstitutional executive order that has already been declared unlawful by a federal court. We expect to prevail quickly.

For more than 100 years, Jenner has stood firm and tirelessly advocated for our clients against all adversaries, including against unlawful government action. We once again go to court to do just that. To do otherwise would mean compromising our ability to zealously advocate for all of our clients and capitulating to unconstitutional government coercion, which is simply not in our DNA.

I received the response in my email inbox, a special message from the firm, with the subject line “Jenner Stands Firm,” directing me to a new website: JennerFirm.com. The email restated Jenner’s public response, but added something important.

So I wanted to share it with you. They explained:

All of our clients deserve lawyers who are unafraid to go to court, stand up for their constitutional interests, and deliver the ardent representation they deserve. That is who we are. And just as we fight for our clients every day, we will vigorously defend our firm, our values, and the Constitution.

At the end of the day, the different responses from different law firms point to a foundational difference in perspective.

Skadden and Paul, Weiss are worried about losing clients.

Jenner, Perkins, and WilmerHale are worried about losing the rule of law.

That’s a critical distinction.

All rise.

The entrance of a judge is announced with those two words. But we don’t rise to honor the person; we rise out of respect for the rule of law.

Although we do a lot of talking these days about judicial temperament and the partisan makeup of courts, everything about a judge is intended to obscure their individuality and display their independence. They wear robes, like clergy – making them a blank slate and allowing the law to speak for itself. We address them not by first and last name, but with special titles – Your Honor, Judge.

We don’t do all that because judges are particularly special.

We do all that because judges represent – are the literal embodiment of – the rule of law. And the rule of law doesn’t just deserve respect. It requires it.

And so, we rise.

The rule of law is such a foundational principle – such a bedrock concept – that it’s almost hard to imagine the implications if it ceases to exist.

If law firms can be targeted by an administration and destroyed for having the ‘wrong’ client, or suing the ‘wrong’ defendant, or taking the ‘wrong’ position, how will anyone find a lawyer to present their case? How will anyone hold the government accountable? Literally – how will we protect ourselves?

More than two decades ago, I stood in that convention center and raised my right hand and promised to uphold the constitution. Fellow attorneys all across the country did the same – whenever and wherever they took their oath. I hope that now every fellow and former lawyer, even those who work at law firms that have officially capitulated to Trump, will join me to uphold the oath that they took, and stand up against this administration – and for the rule of law.

But it doesn’t stop there. It can’t.

Because just as the phrase “all rise” doesn’t just apply to the attorneys in the courtroom, respect for the rule of law doesn’t reside solely with lawyers.

It’s foundational; it supports all of us. And so now, we must all support it.

True, lawyers have the most direct path to directly challenge these attacks on the rule of law. But public opinion matters, and there are many ways to get in the way, to speak up, to stand out. We can call Congress, write letters to editors, call into radio stations, have uncomfortable conversations with family members. We can financially support firms and businesses that support our rights. We can boycott those that don’t.

We can take to the streets, and literally shout.

We are at an inflection point, friend.

It’s time. Time to take a stand.

It’s time to rise.

Let’s get to work.

Photo by Gayatri Malhotra on Unsplash

Actions for the Week of April 1, 2025

Friend, things may be heavy – but you can lighten that load by doing something small – a “small deed” – to bring about the world that you want to see.

In doing so we tell the world, the universe, our leaders – and most importantly, ourselves – that we will not go quietly into that good night.

I call it Action Therapy.

That’s why in each Tuesday post I share a few “small things” – usually a Small Thing to Read, a Small Event to Attend, and a Small Call to Make or Action to Take. My intention here is to give you actions you can tuck into your week with ease – and know that you’re doing something today to make tomorrow better.

Join me in doing so. It matters.

Small Event to Attend: Hands Off Protests on April 5

This weekend there will be over 1,000 in-person Hands Off protests across the country. Join the pre-rally mass call tonight, April 1, at 8pm eastern – organized by Indivisible, MoveOn, Public Citizen, Stand Up America, and the Not Above the Law Coalition. Register here: https://www.mobilize.us/handsoff/event/769107/

And find a Hands Off rally to attend! Here’s the map version of the Mobilize link: https://www.mobilize.us/handsoff/map/

If you go, I hope you’ll share photos on social. (Are you on BlueSky? I’m at @hornish.bsky.social)

As always, be safe, be nonviolent, be loud. And on that note! Join Indivisible’s safety and de-escalation training on Wednesday, April 2, at 8pm ET/5pm PT

Small Action to Take: Take Two Minutes to Comment on Proposed Rule Restricting Trans Healthcare

RFK Jr. (via HHS) has proposed a rule that would remove trans care from ACA essential health benefit status. Why does that matter?

Well, because the ACA requires every marketplace health plan to cover hormone replacement therapy as well as top/bottom surgeries as essential health benefits. So removing that requirement is bad because marketplace plans could stop covering it. But it gets worse, because private insurers typically follow the ACA plans – meaning that if the ACA no longer requires gender affirming care, plenty of private insurers (especially in red states) will follow suit.

Are you mad? Good! Me too.

And here’s where you come in! This rule has go to through the rulemaking process, which means it requires public comment. The comment period for this rule appears to be shorter than typical, but is still open for 10 days.

If you’re saying “but my comment won’t matter!” know that public comments must be reviewed and addressed by the agency. Regardless of the outcome, when we leave comments, we’re requiring them to address things that must be addressed, and slowing their roll. Delay is a win.

Also, other organizations like the ACLU will be fighting this rule, so providing public comments for them to use in their litigation is super helpful.

If you’re on BlueSky, please follow Emily Quinn and go here for her whole excellent thread on this issue. A fantastic and short primer.

Friend, I know you’re an ally. This will take just a few moments of your time, and may help preserve care for fellow human beings who are going through a helluva lot right now. They need our help.

I commented, and it took me less than 10 minutes start to finish. (And I looked up a few things that I wanted to include). Just go to this link:

https://www.federalregister.gov/documents/2025/03/19/2025-04083/patient-protection-and-affordable-care-act-marketplace-integrity-and-affordability

Click on “submit a public comment.”

In the alternative, you can go to https://www.regulations.gov/commenton/CMS-2025-0020-0011.

There is an odd drop-down menu that asks “What is your comment about?” – you can choose individual. (Yes, I agree that makes no sense. It is what it is.)

Then write your comment.

You can remain anonymous – you do not have to provide your email address, and in this environment I would suggest that you not. Please do not identify anyone individually or out a trans person.

I wish I could give you a crafted comment, but if I did so it could (and would) be batched and counted as just one comment. It is best for you to be honest, earnest, and unique.

A comment is not a vote, but it is a show of support. If you have personal experience or expertise, say so. Here’s that link again: https://www.federalregister.gov/documents/2025/03/19/2025-04083/patient-protection-and-affordable-care-act-marketplace-integrity-and-affordability

Small Thing(s) to Read: Flowers for Booker and the Importance of Due Process

First: beginning Monday night, Senator Cory Booker took the Senate floor to speak. As of the time I’m writing this on Tuesday, he’s still on the floor – raising awareness. I’ve spoken before about the importance of what I’ll call “political spectacle.” We are not in normal times, so we need folks like Senator Booker who are willing to act up.

If we want to see more of this kind of behavior – and I think we do – we should all be giving Senator Booker a thumbs up here. In that vein, I’m sharing an article about Booker’s efforts, but highly recommend that you give Senator Booker a follow on BlueSky. All politicians (and their staff) look for the public impact of their efforts; let’s give him the flowers that will encourage him to continue doing this kind of thing (and encourage other Senators to follow suit). Follow him at https://bsky.app/profile/booker.senate.gov

And here’s a great Talking Points Memo piece about Booker’s effort. (Reminder that we influence what gets written by clicking on, sharing, and commenting on content.)

Second: The Atlantic has a chilling but excellent piece about the admitted “administrative error” that sent a Maryland dad to a prison in El Salvador. (Gift article here.) As I’ve said to a number of people recently, “due process” is required for everyone, and this article is a good example as to why that’s the case. To paraphrase Timothy Snyder, if due process doesn’t apply to everyone, it applies to no one.

Thanks for reading, friend – I’m glad to see you here! You’re making a difference, I promise.

Small Deeds has always been, and will always be, a free newsletter. But if you like what I do and you want to support it, consider becoming a paid subscriber.