This Day in Legal History: Petition of Right

On May 8, 1628, the English Parliament formally presented the Petition of Right to King Charles I, marking a key moment in the development of constitutional law and the rule of law in England. This pivotal document emerged in response to growing discontent over the king’s use of extrajudicial practices—most notably, the levying of taxes without Parliament's approval and the imprisonment of individuals without cause. Parliament asserted that such actions violated established legal norms rooted in Magna Carta and the common law. The Petition of Right articulated four principal grievances: non-Parliamentary taxation, arbitrary imprisonment, the quartering of soldiers in private homes, and the imposition of martial law during peacetime.

Rather than draft new laws, Parliament framed the Petition as a reaffirmation of ancient liberties, underscoring that even the monarch was not above the law. Although Charles initially resisted, political pressure forced him to accept the Petition—though he would later undermine its principles, contributing to the constitutional crises that led to the English Civil War. The Petition became a foundational text in the Anglo-American legal tradition, influencing later legal milestones such as the English Bill of Rights (1689) and the United States Constitution.

Its insistence on due process, the separation of powers, and limits on executive authority laid early groundwork for modern democratic governance. In rejecting the idea that the king could rule by prerogative alone, the Petition of Right helped to establish Parliament’s role as a co-equal branch of government. The document continues to be cited in legal and political discourse as a seminal assertion of civil liberties. It was a bold challenge to monarchical absolutism at a time when questioning royal authority was fraught with danger. Through its articulation of legal limits on state power, the Petition of Right remains a cornerstone in the long evolution of constitutional democracy.

Jenner & Block continues to take on high-profile legal battles against the Trump administration while awaiting a ruling in its own lawsuit challenging one of Trump’s executive orders. The firm recently filed a suit in Massachusetts federal court on behalf of universities challenging cost caps imposed by the National Science Foundation on federally funded research. This is one of several legal actions Jenner has brought since Trump’s return to the presidency, including lawsuits over restrictions on gender-affirming care and funding cuts to scientific research.

Jenner is also seeking to permanently block a Trump executive order that targets the firm due to its ties to Andrew Weissmann, a former partner involved in the Mueller investigation. A judge has already temporarily blocked parts of the order, and other firms like Perkins Coie have secured similar rulings. Critics worry these orders could deter law firms from opposing the administration for fear of retaliation.

Jenner is collaborating with former Solicitor General Paul Clement and his firm Clement & Murphy in its newest lawsuit on behalf of major research universities. They’ve previously teamed up to challenge medical research funding cuts, winning a preliminary court victory. Clement is also representing WilmerHale in its legal fight against Trump. The core argument in these cases is that the administration's actions infringe on constitutional rights, including free speech, due process, and equal protection.

Jenner Adds Trump Fights While Fending Off Executive Order (1)

The EPA under the second Trump administration is making Superfund site cleanups a central priority, aiming to accelerate remediation efforts across over 1,300 contaminated locations nationwide. EPA Administrator Lee Zeldin emphasized a push for expedited timelines and tangible outcomes, positioning Superfund cleanups as visible and community-focused work that garners public support. The administration has highlighted early actions like major soil removals, enforcement efforts that secured nearly $300 million in cleanups, and the removal of four sites from the Superfund National Priorities List.

Observers say this mirrors the Trump EPA’s first term, which also emphasized efficiency and redevelopment of polluted sites, often encouraging private investment. However, budget constraints remain a challenge. Superfund appropriations have dropped significantly since 1999, and while the 2021 Infrastructure Act provided a temporary funding boost and reinstated taxes on chemical companies, the current administration’s 2026 budget proposes a $254 million cut, claiming tax revenue will suffice.

Industry groups oppose the chemical tax, while environmental experts warn that funding and staffing shortfalls could stall progress. Critics caution that setting aggressive timelines without sufficient resources could backfire, leading to missed goals and wasted efforts. To improve the program, experts suggest reforms such as more collaboration with local entities and clearer guidance on common cleanup approaches to reduce delays.

Trumps’ EPA Shifts to Make Superfund Cleanups a Central Mission

Former Homeland Security Secretary Jeh Johnson has retired from the law firm Paul Weiss to take on a leadership role at Columbia University, where he was elected co-chair of the board of trustees. Johnson, who served under President Obama and spent four decades at Paul Weiss, said he will miss his colleagues but is ready for the new challenge. His departure comes amid tensions between both Paul Weiss and Columbia with the Trump administration.

Earlier this year, Trump issued an executive order limiting Paul Weiss's access to federal agencies, citing its ties to a prosecutor from the Russia investigation. To resolve the issue, the firm agreed to provide $40 million in pro bono legal services aligned with the administration’s goals—a move criticized by some legal professionals for not challenging the order in court. Paul Weiss’s chairman defended the agreement as necessary to protect the firm’s future.

Columbia University has also faced pressure from the Trump administration, which cut $400 million in federal funding over allegations that the school failed to address antisemitism on campus. In response, Columbia has made concessions to regain funding and recently laid off nearly 180 researchers due to financial strain. The university continues to operate without a permanent president following protests over the Israel-Gaza conflict.

Johnson, a known critic of Trump’s immigration policies and supporter of Kamala Harris in 2024, becomes the second high-profile departure from Paul Weiss following the firm’s controversial deal with the administration.

Ex-Obama cabinet secretary leaves law firm Paul Weiss for Columbia post | Reuters