
Their argument is plain:
ARGUMENT
A. The Executive Order exceeds the President’s authority and intrudes on core
judicial functions......................................................................................................................2
B. The Executive Order violates the First Amendment. .......................................................6
C. The Executive Order violates the Fifth and Sixth Amendments. ...................................9
***
The Court should reject this unconstitutional Executive Order quickly, definitively, and with
the forceful permanent injunctive relief the wrong requires. The Executive Order intrudes on the
courts’ Article III power to decide cases based on zealous adversarial presentation, while exceeding
the President’s limited Article II authority. It violates Susman’s First Amendment rights by retaliating
against Susman for the views it and its clients have expressed and for its protected activity petitioning
the courts on behalf of its clients. And by punishing both Susman and its clients through executive
fiat, the orders violate the Fifth Amendment’s guarantee of due process as well as the Fifth and Sixth
Amendments’ right to counsel
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