On June 25, 2025, the U.S. Department of Justice sued every Maryland federal district court judge, certain retired judges, the Clerk of the Court and the Court itself citing Chief Judge Russell’s Standing Order and Amended Standing Order staying deportations on habeas corpus challenges for 48 hours. The government claims that Maryland’s court order was overreaching and undermines the executive branch’s authority.
MSBA remains committed to representing Maryland lawyers, serving as the voice of the legal profession, and preserving an independent judiciary and respect for the rule of law. Next week, MSBA will file a non-partisan amicus brief supporting the judges’ Motion to Dismiss. The amicus brief will focus on how attorneys’ professional obligations to advocate for their clients may be negatively impacted if parties to litigation are permitted to sue a judge or other court personnel in a separate lawsuit challenging an adverse ruling.
The brief takes no position on the Standing Order’s legality or merits.
Upon approval of the MSBA Executive Committee, MSBA anticipates a submission date of July 28, 2025. The deadline may change based on party filings.
MSBA will circulate the final brief to members via email, likely on July 28, 2025, for an opportunity to electronically sign-on to support the brief. Members will only have a few hours to sign-on before final submission on the 28th, so we are circulating this early notice for those that are interested.