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Tipsheet

This Federal Judge Just Smacked Down Trump Administration's Lawsuit Against Rogue Judges

AP Photo/Evan Vucci)

A federal judge has tossed out the Trump administration’s lawsuits against 15 Maryland judges who have ruled against President Donald Trump’s policies.

The Justice Department filed a lawsuit against all 15 judges with the US District Court for the District of Maryland in June. The complaint challenged Chief Judge Georga Russell III’s order pausing deportations for two business days when a detained illegal immigrant files a habeas corpus petition. The agency referred to the ruling as an “automatic injunction” that hampered the government’s ability to enforce immigration laws. 

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The DOJ asserted that district courts do not have jurisdiction over matters related to immigration. The complaint demanded that the judges recuse themselves from immigration-related cases. 

In a scathing ruling, Judge Thomas Cullen, a Trump appointee, threw out the DOJ’s lawsuit, calling the case improper and constitutionally reckless. The judge argued that the policy was temporary and based on appellate court procedures. It also allowed judges time to properly evaluate the case.

Cullen acknowledged the administration’s objections to the judge’s rulings. “Fair enough, as far as it goes. If these arguments were made in the proper forum, they might well get some traction,” he wrote. However, he criticized the White House for bypassing regular channels like appeals or judicial council petitions. Instead, “the Executive decided to sue—and in a big way,” by suing every single judge in the Maryland district, the judge noted.

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The judge further argued that the administration’s lawsuit challenges judicial independence and the separation of powers. “Although some tension between the coordinate branches of government is a hallmark of our constitutional system, this concerted effort by the Executive to smear and impugn individual judges who rule against it is both unprecedented and unfortunate.”

Cullen further warned that allowing the lawsuit to proceed would “run counter to overwhelming precedent, depart from longstanding constitutional  tradition, and offend the rule of law.”

Moreover, judges have long enjoyed absolute judicial immunity for their official acts, which shields them from lawsuits.  “Judicial immunity is strong medicine,” Cullen wrote. “When it applies it is absolute.”

Cullen further stated that “If the Executive truly believes that Defendants’ standing orders violate the law, it should avail itself of the tried-and-true recourse available to all federal litigants: It should appeal.”

This lawsuit was a long shot, to be sure. As Cullen stated, judges are protected by absolute immunity, which shields some government officials from accountability if they overstep their boundaries. If the Trump administration appeals the case, however, it could redefine the authority courts have when it comes to immigration-related matters.

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Editor's Note: Radical leftist judges are doing everything they can to hamstring President Trump's agenda to make America great again.

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