The Maryland State Bar Association (MSBA) continues to lead the legal profession in supporting an independent judiciary and respect for the rule of law. On July 28, 2025, MSBA filed an amicus brief in U.S. v. Russell, an unprecedented case involving the government’s challenge to the legality of the U.S. District Court for the District of Maryland’s Standing Order (Standing Order) of a 48-hour stay on deportations of migrants challenging their removal. The government claims that the Standing Order was overreaching and undermines 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 brief, focused on procedural grounds, supports the judges’ Motion to Dismiss the case and reflects the Association’s ongoing commitment to protecting the profession, supporting the separation of powers, ensuring access to justice, and upholding the rule of law.
The brief, coordinated by MSBA’s Judicial Integrity Task Force, argues 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 details 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. The brief takes no position on the Standing Order’s legality or merits.
“The participation of over 200 attorneys, law firms, and legal organizations demonstrates 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.
Maryland appellate attorney Steven M. Klepper of Kramon & Graham, shared: “The outcome of the case could have a profound impact on the independence of the judiciary, proper appellate procedure, and ethical obligations for attorneys. The way to challenge a trial court’s rule or standing order is through the adversary process on appeal, not through lawsuits that transform judges into litigants.”
183 attorneys and 39 law firms and organizations signed on the brief, including:
Brown, Goldstein & Levy, LLP
CASA, Inc.
Gallagher Evelius & Jones LLP
Goodell, DeVries, Leech & Dann, LLP
Gordon Feinblatt LLC
Maryland Access to Justice Commission
Miller, Miller & Canby
Public Justice Center, Inc.
Rosenberg Martin Greenberg, LLP
MSBA thanks Kramon & Graham, Illiff Meredith Wildberger & Brennan, Miller Miller and Canby, and the following attorneys for drafting the brief:
Diane E. Feuerherd
Andrew Jay Graham
Steven M. Klepper
Lydia E. Lawless
Kathleen Howard Meredith
James P. Ulwick
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.
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