'Authoritarianism 101': Observers Decry DOJ's Lawsuit Against Maryland Federal Bench
"It's hard not to see this challenge as further escalation by the administration of its opposition to courts that have sought to check illegal government conduct," said one lawyer and director at the Brennan Center for Justice.
In an escalation of the Trump administration's tense relationship with the judiciary, the U.S. Department of Justice on Tuesday sued the entire 15-judge bench of Maryland's U.S. District Court over a recent immigration-related order, a move that was met with alarm by several observers.
The lawsuit comes in response to an order by Chief Judge George L. Russell III, who in May imposed a stay for a period of two days on the deportation of any immigration custody detainee in Maryland who files a petition for habeas corpus, which is a legal action challenging the lawfulness of a person's detention. The plaintiffs in the new case are the United States and the U.S. Department of Homeland Security.
According to The Washington Post, the complaint makes the case that the order was "unlawful" and "antidemocratic." It also alleges that the order runs afoul of Supreme Court precedent and intrudes "on core Executive Branch powers." Russell's order applies not only to cases before him, but also the 14 other district judges in Maryland, per the Post.
"President [Donald] Trump's executive authority has been undermined since the first hours of his presidency by an endless barrage of injunctions designed to halt his agenda," said U.S. Attorney General Pamela Bondi in a statement announcing the lawsuit. "The American people elected President Trump to carry out his policy agenda: This pattern of judicial overreach undermines the democratic process and cannot be allowed to stand."
Adam Bonica, a political science professor at Stanford University, called the DOJ's core claim in the lawsuit "stunning." On his Substack, Bonica wrote that the DOJ is essentially arguing that the Trump administration is being injured "by the very existence of judicial oversight."
Several legal experts characterized the lawsuit as an attack on judicial independence, as did the watchdog group Project on Government Oversight.
"This isn't about process. It's about punishing judges for rulings the administration doesn't like. That's authoritarianism 101," the group said in a post on X on Wednesday.
Alicia Bannon, the director of the Judiciary Program at the Brennan Center for Justice, addedthat "if the administration's challenge is successful, it will be far easier to evade the courts altogether in future immigration cases."
"It's hard not to see this challenge as further escalation by the administration of its opposition to courts that have sought to check illegal government conduct," she said.
The judges named in the lawsuit have ruled on major cases involving the Trump administration this year. For example, Judge Paula Xinis, one of the defendants, is overseeing the high-profile case of a Maryland man who was wrongly deported to El Salvador earlier this year. He is back on U.S. soil now after the Trump administration delayed returning him to the country.
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