Overview
- U.S. District Judge Thomas Cullen threw out the Justice Department’s case, finding the government lacked standing, the judges are immune from such suits, and the dispute is not justiciable between coequal branches.
- The Maryland standing order remains in effect, pausing removals until 4 p.m. on the second business day after a habeas filing to preserve court jurisdiction and access to counsel, a protection recently triggered in the Kilmar Ábrego García case.
- Cullen did not rule on whether the Maryland court had authority to issue the order, and he denied the DOJ’s request for a preliminary injunction as moot.
- The opinion criticized the administration’s public attacks on judges, calling the campaign to smear jurists who rule against it “unprecedented and unfortunate.”
- Cullen directed the executive to use established avenues such as appealing individual habeas rulings or pursuing rules challenges, leaving any broader challenge to the standing order for proper forums.