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Opinion | A Playbook for Law Firms and Colleges to Stand Up to President Trump

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Opinion | A Playbook for Law Firms and Colleges to Stand Up to President Trump

In his attacks on law firms, universities and other American institutions, President Trump is relying on an illusion. The illusion is that the institutions are powerless to fight back and that they face a choice between principle and survival.

These institutions do not have to capitulate to Mr. Trump. They have a realistic path to defeating his intimidation. Some law firms and others have begun to fight. In doing so, they have provided the beginnings of a playbook for standing up to his attempts to weaken core tenets of American democracy, including due process, free speech and the constitutional system of checks and balances.

For anybody who is skeptical of this idea and sees Mr. Trump as all-powerful, it is worth recognizing that law firms have already won court rulings that block Mr. Trump’s executive orders against them. Many legal analysts believe that higher courts will likewise reject the orders as illegal. It is also worth remembering the many legal defeats of Mr. Trump’s first term. Courts, including the Supreme Court, rejected his efforts to overturn the 2020 presidential election result; prevented him from adding a citizenship question to the census; and blocked his family-separation policy at the southern border. A grass-roots political movement helped defeat his effort to repeal Obamacare even though Republicans controlled both the House and Senate.

Yes, Mr. Trump has adopted a more extreme approach to executive power in his second term. He has won some early policy victories, and he will win more. Nonetheless, he faces real constraints on his power. Indeed, the most likely path to American autocracy depends on not only a power-hungry president but also the voluntary capitulation of a cowed civil society. It depends on the mistaken belief that a president is invincible. Anybody who has dealt with a schoolyard bully should recognize this principle: The illusion of invincibility is often his greatest asset.

We understand why the leaders of major institutions are nervous. Taking on the president of the United States requires courage. This is a moment for courage.

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The playbook begins with a recognition that capitulation is doomed. Some law firms and corporations, as well as Columbia University, have made a different bet, obviously. But the example of law firms demonstrates the problems with capitulation.

Mr. Trump has signed executive orders punishing several firms that have done nothing wrong. They have merely employed lawyers who represented Democrats, defended liberal causes or participated in investigations into Mr. Trump. The orders lack any meaningful legal argument and yet contain severe punishments. They seek to bar the firms’ lawyers from entering federal buildings and meeting with federal officials, provisions that would prevent the firms from representing many clients.

One firm that was subject to an executive order — Paul, Weiss — surrendered and promised concessions, including $40 million in pro bono work for Trump-friendly causes. Three other firms — Milbank; Skadden, Arps; and Willkie Farr & Gallagher — proactively agreed to deals with the White House and made their own concessions.

A crucial fact about these agreements is that they include no binding promises from the White House. Mr. Trump can threaten the firms again whenever he chooses and demand further concessions. These firms are in virtual receivership to Mr. Trump. So is Columbia, which yielded to Mr. Trump after he threatened its federal funding. The university did not even win the restoration of that funding when it agreed to his demands; it won merely permission to begin negotiating with the administration.

Mr. Trump’s influence over the compliant law firms should be especially chilling to their clients. The firms have just signaled their willingness to abandon clients that have fallen into disfavor with the federal government. That does not seem like a quality one would want in an attorney. “Once you make concessions once, it’s hard not to make them again,” Christopher Eisgruber, the president of Princeton University and a legal scholar by training, said when discussing the attacks on higher education.

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The second item in the playbook is an insistence on due process. The American legal system has procedures to deal with Mr. Trump’s various allegations against these institutions. If law firms are behaving inappropriately, courts can punish them. If a university is violating students’ civil rights — by tolerating antisemitism, for instance — the Justice Department can file charges. These processes allow each side to present evidence. They prevent abuse of power and establish ground rules that other organizations can follow.

Mr. Trump may well win some cases that follow due process, and that is OK. Some universities have indeed allowed their Jewish students to be menaced. But the appropriate remedy is not the arbitrary cancellation of unrelated research funding, potentially slowing cures for cancer, heart disease, childhood illnesses and more. Columbia managed to adopt the wrong strategy in both directions. It was too slow to fix its problems and then prostrated itself to Mr. Trump. Other universities should both get their houses in order and stand ready to sue the administration.

The three law firms that have filed suits to block Mr. Trump’s executive orders — Jenner & Block, Perkins Coie and WilmerHale — provide a model. So far, they are winning in court. Importantly, they have won the backing of many conservatives. As our counterparts on The Wall Street Journal’s editorial board wrote, Mr. Trump’s campaign against law firms “breaks a cornerstone principle of American justice.”

Paul Clement, perhaps the most successful living Republican advocate at the Supreme Court, represents WilmerHale and wrote a thundering brief on its behalf. “It is thus a core principle of our legal system that ‘one should not be penalized for merely defending or prosecuting a lawsuit,’” Mr. Clement wrote, quoting a 1974 Supreme Court ruling. He described Mr. Trump’s orders as “an unprecedented assault on that bedrock principle.” Judge Richard Leon, a George W. Bush appointee, granted Mr. Clement’s request for a temporary restraining order.

This pattern should give law firms confidence that they will continue to prevail, so long as they fight. The Supreme Court is deeply conservative on many issues and favors an expansive definition of executive power. But it has defied Mr. Trump before, and conservative legal experts who share the court’s outlook are aghast at his assault on the legal system.

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Any institution that stands up to Mr. Trump should be prepared to make sacrifices. Universities may have to spend more of their endowments, as they do during economic downturns. Law-firm partners may lose some income. But they can afford it; partners at Paul, Weiss made $6.6 million on average in 2023. One mistake that the submissive law firms made was imagining they had any chance of emerging unscathed once Mr. Trump targeted them. Fighting him has costs, and surrendering has costs. Already, some students at top law schools say they will no longer interview with firms like Skadden. “We’re not looking to sacrifice our moral values,” one student at Georgetown University said.

Finally, the playbook calls for solidarity, especially for institutions that Mr. Trump has not (yet) targeted. The initial response to his executive orders from many other law firms has been the opposite of solidarity. They reportedly tried to steal clients and hire lawyers from the threatened firms. Most big firms also refused to sign a legal brief in defense of their industry. Their meekness is ultimately self-defeating. The campaign to subdue law firms will either be defeated or it will expand.

We are glad to see that other firms have spoken up. Even better, a few firms — Williams & Connolly, Cooley and Clement & Murphy — are representing the three fighting the executive orders. Corporate executives can also make a difference by making clear, even privately, that they will not abandon any law firm that Mr. Trump attacks. The business world has much at stake. The United States is home to an outsize share of financial and corporate activity partly because investors have confidence that the rule of law prevails here. If political power instead supersedes signed contracts and the rule of law, American business will suffer.

Standing up to the abuse of power is inherently difficult. It can also be inspiring. People who do so often look back proudly on their actions and are justly celebrated for it after a crisis has passed. But crises usually do not end on their own. Resolving them requires courage and action.

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Opinion | America’s Military Needs a Culture Shift

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Opinion | America’s Military Needs a Culture Shift

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The U.S. military
is broken. Young
Americans want
to fix it.

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Bailey Baumbick traded a
career as a national security
consultant to build tech
solutions
for the challenges
she saw at the Pentagon.

Elias Rosenfeld left a job
in social
impact consulting
to start a career aimed
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at revitalizing America’s
industrial base.

Lee Kantowski spent
eight years in the
Army before
switching to defense tech,
where
he hopes to fix the
military’s outdated tools.

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a New

Definition of

Service

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Bailey Baumbick knew she wanted to serve her country when she graduated from Notre Dame in 2021. Ms. Baumbick, a 26-year-old from Novi, Mich., didn’t enlist in the military, however. She enrolled in business school at the University of California, Berkeley.

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Ms. Baumbick is part of a growing community in the Bay Area that aims to bring high-tech dynamism to the lumbering world of the military. After social media companies and countless lifestyle start-ups lost their luster in recent years, entrepreneurs are being drawn to defense tech by a mix of motivations: an influx of venture capital, a coolness factor and the start-up ethos, which Ms. Baumbick describes as “the relentless pursuit of building things.”

There’s also something deeper: old-fashioned patriotism, matched with a career that serves a greater purpose.

In college Ms. Baumbick watched her father, a Ford Motor Company executive, lead the company’s sprint to produce Covid-19 ventilators and personal protective equipment for front-line health care workers. “I’ve never been more inspired by how private sector industry can have so much impact for public sector good,” she said.

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Ford’s interventions during the Covid-19 pandemic hark back to a time when public-private partnerships were commonplace. During World War II, leaders of America’s biggest companies, including Ford, halted business as usual to manufacture weapons for the war effort.

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The Covid-19 pandemic drove public-private partnerships, such as Ford’s decision to produce ventilators needed by patients and hospitals.

For much of the 20th century, the private and public sectors were tightly woven together. In 1980, nearly one in five Americans were veterans. By 2022, that figure had shrunk to one in 16. Through the 1980s, about 70 percent of the companies doing business with the Pentagon were also leaders in the broader U.S. economy. That’s down to less than 10 percent today. The shift away from widespread American participation in national security has left the Department of Defense isolated from two of the country’s great assets: its entrepreneurial spirit and technological expertise.

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Recent changes in Silicon Valley are bringing down those walls. Venture capital is pouring money into defense tech; annual investment is up from $7 billion in 2015 to some $80 billion in 2025. The Pentagon needs to seize this opportunity, and find ways to accelerate its work with start-ups and skilled workers from the private sector. It should expand the definition of what it means to serve and provide more flexible options to those willing to step in.

The military will always need physically fit service members. But we are headed toward a future where software will play a bigger role in armed conflict than hardware, from unmanned drones and A.I.-driven targeting to highly engineered cyber weapons and space-based systems. These missions will be carried out by service members in temperature-controlled rooms rather than well armed troops braving the physical challenges of the front line.

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For all the latent opportunity in Silicon Valley and beyond, the Trump administration has been uneven in embracing the moment. Stephen Feinberg, the deputy secretary of defense, is a Wall Street billionaire who is expanding the Pentagon’s ties with businesses. Pete Hegseth, the secretary of defense, his “warrior ethos” and exclusionary recruitment have set back the effort to build a military for the future of war.

America has the chance to reshape our armed forces for the conflicts ahead, and we have the rare good fortune of being able to do that in peacetime.

Elias Rosenfeld had been at Stanford for only a month and a half, but he already looked right at home at a recent job fair for students interested in pursuing defense tech, standing in a relaxed posture, wearing beaded bracelets and a sweater adorned with a single sunflower. Rather than use his time in Stanford’s prestigious business school to build a fintech app or wellness brand, Mr. Rosenfeld has set his sights on helping to rebuild the industrial base on which America’s military relies.

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It’s a crucial mission for a country that is getting outbuilt by China, and Mr. Rosenfeld brings a unique commitment to it. Born in Venezuela, he came to the United States at age 6 and draws his patriotism from that country’s experience with tyranny and his Jewish heritage. “Without a strong, resilient America, I might not be here today,” Mr. Rosenfeld says. Working on industrial renewal, he says, is a way to “start delivering as a country so folks feel more inclined and passionate to be more patriotic.”

Not on Mr. Rosenfeld’s agenda: enlisting in the military. In an earlier era, he might have been tempted by a wider suite of options for service. In 1955 the U.S. government nearly doubled the maximum size of the military’s ready reserve forces, from 1.5 million to 2.9 million, in part by giving young men the chance to spend six months in active duty training. Today the U.S. ready reserve numbers just over a million.

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The Pentagon should broaden its sense of service as fewer younger Americans meet the military’s eligibility requirements.

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Other countries provide a model for strengthening the reserves. In Sweden, the military selects the top 5 percent or so of 18-year-olds eligible to serve in the active military for up to 15 months, followed by membership in the reserve for 10 years. The model is so effective that recruits compete for spots, and according to The Wall Street Journal, “former conscripts are headhunted by the civil service and prized by tech companies.”

America’s leaders have argued for a generation that the military’s volunteer model is superior to conscription in delivering a well-prepared force. The challenge is maintaining recruiting and getting the right service members for every mission. There are some examples of the Pentagon successfully luring new, tech-savvy recruits. Since last year, top college students have been training to meet the government’s growing need for skilled cybersecurity professionals. The Cyber Service Academy, a scholarship-for-service program, covers the full cost of tuition and educational expenses in exchange for a period of civilian employment within the Defense Department upon graduation. Scholars work in full-time, cyber-related positions.

The best incentive for enlisting may have nothing to do with service, but the career opportunities that are promised after.

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It was a foregone conclusion that Lee Kantowski would become an Army officer. One of his favorite high school teachers had served, and his hometown, Lawton, Okla., was a military town, a place where enlisting was commonplace. Mr. Kantowski attended West Point and, in the eight years after graduating, went on tours across the world. Now he’s getting an M.B.A. at U.C. Berkeley, co-founded a defense tech club with Ms. Baumbick there and works part-time at a start-up building guidance devices that turn dumb bombs into smart ones.

The military needs recruits like Mr. Kantowski who want to support defense in and out of uniform. Already, nearly one million people who work for the Department of Defense are civilians, supplemented by a similar number of contractors who straddle public and private sectors. Both paths could be expanded.

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A rotating-door approach carries some risk to military cohesion and readiness. The armed services are not just another job: Soldiers are asked to put themselves in danger’s way, even outside combat zones. America still needs men and women who are willing to sign up for traditional tours of duty.

The Reserve Officers’ Training Corps serves as the largest source of commissioned officers for the U.S. military. For more than five decades, R.O.T.C. has paid for students to pursue degree programs — accompanied by military drills and exercises — and then complete three to 10 years of required service after graduation. In 1960 alone, Stanford and M.I.T. each graduated about 100 R.O.T.C. members. Today, that figure is less than 20 combined. The Army has recently closed or reorganized programs at 84 campuses and may cut funding over the next decade.

This is exactly the wrong call. R.O.T.C. programs should be strengthened and expanded, not closed or merged.

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The U.S. Army is closing or reorganizing Reserve Officers’ Training Corps programs across the country.

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It remains true that the volunteer force has become a jobs program for many Americans looking for a ladder to prosperity. It’s an aspect of service often more compelling to enlistees than the desire to fight for their country. In the era of artificial intelligence and expected job displacement, enlistment could easily grow.

Most military benefits have never been more appealing, with signing and retention bonuses, tax-free housing and food allowances, subsidized mortgages, low-cost health care, universal pre-K, tuition assistance and pensions. The Department of Defense and Congress need to find ways to bolster these benefits and their delivery, where service members often find gaps.

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Standardizing post-service counseling and mentorship could help. Expanding job training programs like Skillbridge, which pairs transitioning service members with private sector internships, could also improve job prospects. JPMorgan has hired some 20,000 veterans across the country since creating an Office of Military & Veterans Affairs in 2011; it has also helped create a coalition of 300 companies dedicated to hiring vets.

When veterans land in promising companies — or start their own — it’s not just good for them. It’s also good for America. Rylan Hamilton and Austin Gray, two Navy veterans, started Blue Water Autonomy last year with the goal of building long-range drone ships that could help the military expand its maritime presence without the costs, risks and labor demands of deploying American sailors.

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Blue Water Autonomy, founded and staffed by Navy veterans, is building fully autonomous naval vessels capable of operating at sea for months at a time.

Mr. Gray, a former naval intelligence officer who worked in a drone factory in Ukraine, said Blue Water’s vessels will one day do everything from ferrying cargo to carrying out intelligence, surveillance and reconnaissance missions. This summer, the company raised $50 million to construct a fully autonomous ship stretching 150 feet long.

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Before dawn on a Wednesday morning in October, military packs filled with supplies and American flags sat piled on a dewy field near the edge of Stanford University’s campus. Some of the over 900 attendees at a conference on defense tech gathered around an active-duty soldier studying at the school. The glare of his head lamp broke through the darkness as he rallied the group of students, founders, veterans and investors for a “sweat equity” workout.

“Somewhere, a platoon worked out at 0630 to start their day,” he said. “This conference is all about supporting folks like them, so we are going to start our day the same way.” The group set off for Memorial Church at the center of campus, sharing the load of heavy packs, flags and equipment along the way.

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A group of students, founders, veterans and investors participate in a run during a defense tech conference at Stanford University.

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That attitude is a big change for the Bay Area, not just from the days of 1960s hippie sit-ins but also from the early days of the tech revolution, when Silicon Valley was seen as a bastion of government-wary coders and peaceniks. Now it’s open for business with the Defense Department. “The excitement is there, the concern is there, the passion is there and the knowledge is there,” says Ms. Baumbick.

There are some risks to tying America’s military more closely to the tech-heavy private sector. Companies don’t always act in the country’s national interest. Elon Musk infamously limited the Ukrainian military’s access to its Starlink satellites, preventing them being used to help in a battle with Russian forces in 2022. Private companies are also easier for adversaries to penetrate and influence than the government.

Yet in order to prevent wars, or win them, we must learn to manage the risks of overlap between civilian and military spheres. The private sector’s newly rekindled interest in the world of defense is a generational chance to build the military that Americans need.

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Portraits by Aleksey Kondratyev for The New York Times; Carlos Osorio/Associated Press; Mike Segar/Reuters; Maddy Pryor/Princeton University; Kevin Wicherski/Blue Water Autonomy; Aleksey Kondratyev for The New York Times (2).

The editorial board is a group of opinion journalists whose views are informed by expertise, research, debate and certain longstanding values. It is separate from the newsroom.

Published Dec. 12, 2025

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Video: One Hundred Schoolchildren Released After Abduction in Nigeria

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Video: One Hundred Schoolchildren Released After Abduction in Nigeria

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transcript

One Hundred Schoolchildren Released After Abduction in Nigeria

One hundred children who had been kidnapped from a Catholic school in northwestern Nigeria last month were released on Sunday. This is part of a larger trend of kidnappings in Nigeria, where victims are released in exchange for ransom.

“Medical checkup will be very, very critical for them. And then if anything is discovered, any laboratory investigation is conducted and something is discovered, definitely they will need health care.” My excitement is that we have these children, 100 of them, and by the grace of God, we are expecting the remaining half to be released very soon.”

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One hundred children who had been kidnapped from a Catholic school in northwestern Nigeria last month were released on Sunday. This is part of a larger trend of kidnappings in Nigeria, where victims are released in exchange for ransom.

By Jamie Leventhal

December 8, 2025

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Video: Testing Wool Coats In a Walk-in Fridge

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new video loaded: Testing Wool Coats In a Walk-in Fridge

When style writer Nicola Fumo realized she’d need to test wool coats before it got too cold out, she accepted the challenge.

November 24, 2025

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