


A federal judge just dismissed a lawsuit by the Trump administration against 15 federal judges in Maryland, challenging an order that prevented immediate deportations of illegals who are challenging the legality of their detention.
The judge who threw out the lawsuit was a Trump-appointed judge, and he did so because “the U.S. does not have the legal right to sue and the judges are absolute immune from the suit.”
Judge Thomas Cullen suggested the appropriate remedy for this grievance is Congress.
Here’s more from CBS News:
A federal judge on Tuesday threw out the Trump administration’s challenge to a standing order issued by a U.S. district court in Maryland that bars federal immigration officials from immediately removing migrants who are challenging the legality of their detentions.
The decision from U.S. District Judge Thomas Cullen came in a novel and unprecedented lawsuit that the Trump administration filed against all 15 judges on the Maryland court in June. The Justice Department had argued that the standing order issued by Chief Judge George Russell in May was unlawful and outside the authority of the court.
The judges, represented by Paul Clement, who served as solicitor general under former President George W. Bush, sought to dismiss the lawsuit. They argued that the suit presented a dispute between two co-equal branches of government that could not be decided by the courts.
In a 37-page decision, Cullen agreed with the judges in finding that the Trump administration’s challenge should be dismissed because, in part, the U.S. does not have the legal right to sue and the judges are absolute immune from the suit.
“Much as the Executive fights the characterization, a lawsuit by the executive branch of government against the judicial branch for the exercise of judicial power is not ordinary,” he wrote. “The Executive’s lawsuit will be dismissed, and its motion for preliminary injunction denied as moot. Whatever the merits of its grievance with the judges of the United States District Court for the District of Maryland, the Executive must find a proper way to raise those concerns.”
Cullen said that if the Trump administration “truly believes” that the standing orders violate the law, it should pursue the paths laid out by Congress.
“Any fair reading of the legal authorities cited by Defendants leads to the ineluctable conclusion that this court has no alternative but to dismiss,” he wrote. “To hold otherwise would run counter to overwhelming precedent, depart from longstanding constitutional tradition, and offend the rule of law.”