Society For the Rule of Law Board and Charter Members Join Amicus Brief in Perkins Coie LLP v. United States Department of Justice et al

Several Society for the Rule of Law leaders, including Board President Alan Raul, Board Treasurer Stuart Gerson, Board Secretary Peter Keisler, and Charter Members John Mitnick, Donald B. Ayer, John B. Bellinger III, and Nicholas Rostow, have signed onto an amicus brief in Perkins Coie LLP v. United States Department of Justice, urging the United States Court of Appeals for the D.C. Circuit to affirm the district court’s ruling.

The brief states: 

“These Orders unconstitutionally install the President as prosecutor, judge, and jury—imposing punishment on individuals and institutions that have not been charged with, much less convicted of, any crime.

They also function as an unlawful bill of attainder, singling out disfavored parties for punishment without judicial process—a practice the Framers rejected as contrary to the ‘first principles of the social compact.’

Nor can these actions be justified by national security. The blanket suspension of security clearances reflects retaliation, not legitimate security concerns.

The Constitution does not permit the Executive to invoke pretextual justifications to punish perceived enemies. These Orders bypass the courts, undermine the separation of powers, and must be struck down.”

You can read the full brief here.

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