(Baltimore, Maryland I August 26, 2025)
Today, a federal judge dismissed a lawsuit against all of Maryland’s federal judges based on justiciability, immunity, and lack of a cause of action. The Maryland State Bar Association previously filed an amicus brief supporting the dismissal, focused on protecting the profession, establishing the separation of powers, ensuring access to justice, and upholding the rule of law.
The unprecedented case involved the government’s challenge to the legality of the U.S. District Court for the District of Maryland’s Standing Order of a 48 hour stay on deportations of migrants challenging their removal. The government claimed that the Standing Order was overreaching and undermined the executive branch’s authority. In its suit challenging the Standing Order, the U.S. Department of Justice (DOJ) sued every Maryland federal district court judge, certain retired judges, the Clerk of the Court and the Court itself.
MSBA’s amicus brief argued that the DOJ’s challenge against the court that issued the Standing Order will “undoubtedly compromise the adversarial process, overload judicial resources, and drastically alter attorneys’ competing professional obligations to zealously advocate on behalf of clients, to fulfill their obligations as officers of the court, and to advance the rule of law and the administration of justice.” The brief detailed how the government’s lawsuit is the improper mechanism to challenge the Standing Order and how access to justice for individuals directly impacted by it is limited, as the lawsuit is against sitting judges rather than an appellate challenge involving the habeas petitioners.
U.S. District Judge Thomas Cullen of Virginia, specially assigned to the case, agreed, writing that filing a direct lawsuit against the judges was not the appropriate path to challenge the order. His ruling noted that judges are immune from such lawsuits and the administration lacked legal standing to sue. The ruling did not reach the merits of the challenge (whether Chief Judge Russell had authority to issue the standing order), finding the challenge had to be brought via other procedurally established routes like a direct appeal in an individual case.
Judge Cullen wrote that to allow the case to proceed “would run counter to overwhelming precedent, depart from longstanding constitutional tradition, and offend the rule of law.”
MSBA thanks over 200 attorneys, law firms, and legal organizations who signed on to the brief, demonstrating “the widespread support within the Maryland legal community for judicial independence and the rule of law. MSBA will continue to serve as the voice of the profession on core advocacy principles that affect our entire industry of over 40,000 attorneys and judges across the state,” said MSBA President Marisa A. Trasatti.
Read MSBA's Amicus brief here and the Motion for Leave to File the Brief here. For more information about the MSBA and advocacy, visit msba.org.
To be connected with spokespeople for comment, please contact [email protected].