Legal News for Fri 2/7 - DOJ Hiring Freeze, Memo Raises Concerns about DOJ Independence, Lawsuit over USAID Cuts and Last Minute Merger Filings Under Old Rule

This Day in Legal History: 11th Amendment Ratified

On February 7, 1795, the 11th Amendment to the U.S. Constitution was ratified, restricting federal judicial power over lawsuits against states. The amendment was a direct response to the Supreme Court’s 1793 decision in Chisholm v. Georgia, which held that a private citizen of one state could sue another state in federal court. This ruling alarmed many states, as it threatened their sovereign immunity and exposed them to lawsuits from individuals. 

In reaction, Congress swiftly proposed the 11th Amendment, which was ratified by North Carolina on this day, completing the necessary approvals. The amendment states that federal courts cannot hear cases against a state brought by citizens of another state or a foreign country. This reinforced the principle of state sovereignty and limited the reach of the federal judiciary. The amendment effectively overturned Chisholm and set a precedent for later expansions of state immunity. Over time, the Supreme Court interpreted the amendment broadly, extending protections to cases brought by a state’s own citizens as well. The 11th Amendment remains a cornerstone of federalism, shaping the balance of power between states and the national government.

Federal agencies have pulled out of law school recruiting events following President Donald Trump’s executive order freezing hiring across the government. More than a dozen agencies withdrew from NYU’s public interest career fair, and others skipped a similar event hosted by Georgetown and George Washington University. The freeze, which affects federal legal jobs and prestigious honors programs at agencies like the DOJ and IRS, has left many law students scrambling for alternatives. While some large law firms are looking to hire displaced junior lawyers, there are limited openings, especially for first- and second-year students whose summer jobs were canceled. 

Firms like Morgan Lewis, Quinn Emanuel, and Elsberg Baker & Maruri are among those actively considering affected candidates. However, with most Big Law summer associate spots already filled, many students may struggle to secure positions. The freeze, which could last up to 90 days, is part of a broader effort to reduce the federal workforce through attrition and “efficiency” measures.

Trump Hiring Freeze Has Agencies Ditching Law School Recruiting

For decades, the Justice Department has prided itself on independence, with attorneys expected to uphold the law "without fear or favor," as former Attorney General Merrick Garland emphasized. This principle, strengthened after Watergate, has long guided DOJ lawyers in their duty to serve the nation rather than any single president. However, Attorney General Pam Bondi’s new memo marks a stark departure from that tradition, warning DOJ lawyers against refusing to advance legal arguments they disagree with and referring to them as the president’s lawyers. 

The memo threatens disciplinary action, including termination, for attorneys who decline to sign briefs or appear in court due to personal objections. Critics argue that this undermines legal ethics and pressures attorneys to prioritize loyalty to Trump over their professional responsibilities. Historically, DOJ lawyers who found themselves in ethical conflicts could ask to be reassigned or resign, but Bondi’s directive appears designed to force them into compliance or out of the department entirely. The memo is particularly concerning as Trump’s DOJ aggressively defends controversial executive actions, making it harder for lawyers to voice concerns about weak or legally questionable cases. Legal experts worry that a mass exodus of experienced attorneys could damage the department’s credibility, further eroding trust in the rule of law.

Bondi Raises Independence Concerns with Attorney Advocacy Memo

The Trump administration is facing a lawsuit from the American Federation of Government Employees and the American Foreign Service Association over its rapid dismantling of the U.S. Agency for International Development (USAID). The suit, filed in federal court, argues that President Trump’s foreign aid freeze and subsequent orders to halt USAID projects were unconstitutional and have caused a global humanitarian crisis. Since Trump’s executive order on January 20, USAID staff have been laid off or placed on leave, and key aid programs combating malaria, HIV, and global hunger have been suspended. The shutdown, largely overseen by Elon Musk, has left food aid worth $340 million stranded and led to worsening health crises, according to the lawsuit. Critics argue that since Congress created USAID by statute, Trump lacks the legal authority to dismantle it. The lawsuit seeks an emergency court order to restore funding, reopen offices, and prevent further agency cuts.

Trump administration sued by government workers over cuts to USAID | Reuters

Companies are rushing to file merger notifications before a new Federal Trade Commission (FTC) rule takes effect after 5 p.m. on Friday, significantly expanding reporting requirements for deals over $126.4 million. The rule, introduced under President Biden and set to take effect under President Trump, is expected to triple the workload for companies seeking regulatory clearance. Businesses are scrambling to file under the old rules to avoid higher compliance costs and navigate a familiar system rather than being among the first to test the new requirements. While attorneys don’t see the rush as an attempt to evade scrutiny, some worry that the surge in filings—combined with Trump’s push to shrink the federal workforce—could result in inadequate review of certain deals. The private equity industry has strongly opposed the rule, arguing it places unnecessary burdens on firms, and has filed a lawsuit to block it, though no ruling is expected this week. Some lawmakers are considering legislative action, and attorneys are closely watching for any last-minute delays, though chances of a suspension are diminishing.

Companies wary of new US rule scramble to file mergers by Friday, lawyers say | Reuters

This week’s closing theme is by Gustav Mahler.

Gustav Mahler, one of the most influential late-Romantic composers, was known for his expansive symphonies that bridged the worlds of the 19th and 20th centuries. Born in 1860, Mahler's music often grappled with deep philosophical and existential themes, blending moments of beauty, nostalgia, and turmoil. His Symphony No. 4, completed in 1900, is one of his most accessible works, offering a lighter, more lyrical approach compared to his more intense symphonies. On February 7, 1904, Mahler himself conducted a performance of this symphony in Berlin, reinforcing its place in the concert repertoire.

The fourth movement, "Das himmlische Leben" (The Heavenly Life), is the symphony’s heart and soul, featuring a soprano voice describing a child's vision of heaven. Unlike the grandeur of Mahler’s other finales, this movement is delicate and dreamlike, with folk-like melodies and a sense of innocence. The lyrics, drawn from the Des Knaben Wunderhorn (The Boy’s Magic Horn) collection, depict a paradise filled with music, dancing, and endless feasting, all with a touch of Mahler’s characteristic irony. The orchestration remains light and transparent, with delicate bells and strings giving the music an ethereal quality.

As this week’s closing theme, "Das himmlische Leben" serves as a gentle farewell, offering a moment of reflection and tranquility. Its serene and almost childlike optimism provides a perfect contrast to the weightier legal discussions, reminding us that even in complex times, beauty and simplicity endure.

Without further ado, Gustav Mahler’s Symphony No. 4, the fourth movement, “Das himmlische Leben” – enjoy. 

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