Press Contacts:
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David Coy, editor@sfbar.org, 510-333-7249
Nation of Laws Coalition Condemns Executive Branch’s Unprecedented Lawsuit Against Federal Judges
June 30, 2025
The Nation of Laws Coalition condemns the Department of Justice's unprecedented lawsuit against all fifteen federal judges of the U.S. District Court for the District of Maryland. This extraordinary legal action against an entire judicial bench undermines judicial independence and the constitutional principle of separation of powers.
Suing judges for issuing an order that preserves basic due process rights is an escalation that risks intimidating the judiciary and undermining the separation of powers. The court’s standing order ensures individuals facing deportation have time to access legal counsel and challenge their detention, which are fundamental requirements of due process. Suing judges for upholding these constitutional protections threatens the essential role of courts in providing judicial review and protecting individual rights.
The independence of our federal judiciary is foundational to American democracy and the rule of law; courts must remain free to fulfill their constitutional duty without interference from other branches of government.
The Nation of Laws Coalition looks forward to continuing to defend these principles through our work and upcoming planning of a series of local events celebrating Constitution Day on September 17.
“This lawsuit is an existential threat to our constitutional system. When the executive branch sues judges for doing their job—protecting due process rights—it attacks the very foundation of American democracy. We cannot allow any administration to dismantle the checks and balances that safeguard our freedoms.”
“We need to recognize this unprecedented lawsuit for what it is actually trying to accomplish. First, it is a thinly veiled effort to intimidate federal court judges across the country who labor each day to parse through the hundreds of lawsuits that have been brought against this administration. Second, it will likely be used by the administration as a vehicle to once again race to the Supreme Court in the hope that, behind the thick protective curtain of the Shadow Docket, the Court can further expand its extreme views of the power of the presidency above all else.”
“An independent court is the shield that protects every community, especially the most vulnerable, from government overreach. While the government is free to make its legal arguments in any case, suing an entire bench of judges is an alarming action that risks eroding public trust in our institutions. The rule of law depends on courts that can make decisions without fear of retribution from another branch of government. As lawyers and citizens who have sworn an oath to the Constitution, our duty is clear: to defend the role of the judiciary and ensure that shield remains strong for all Americans.”
“It is both unprecedented and disturbing that the Department of Justice has chosen to sue judges for exercising their Constitutional role. For 234 years, Americans have enjoyed the protections of the Bill of Rights and taken comfort in the Separation of Powers clauses of the Constitution. This is the same Constitution that all lawyers, including those at the Department of Justice, swear an oath to uphold.
The appropriate way for any party to a legal action, including the Department of Justice, who feels that a judge made an incorrect ruling, is to appeal to a higher court. Filing suit against sitting judges potentially has a chilling effect on judges who are also sworn to uphold the Constitution, including those provisions that occasionally annoy the government. As upsetting as it may be to the Department of Justice, a judge’s role is not to be a rubber stamp for the government but to be an independent body that reviews the legality of the government’s position.”
“In comparison, the Department of Justice’s actions, here, in suing an entire judicial district, undermines the authority and the reputation of both the Department and the courts. The Department’s actions infer an unwillingness to respect centuries of jurisprudence. Instead of trying to prevail on the merits and work through the system of appeals as every individual is required to do, the Department’s actions will lead many people to believe that the courts are violating the law by ruling against the Executive Branch, corroding the trust of those who now, more than ever, need to understand the need for an independent judiciary. The Department denies its own mission when it seeks to intimidate and undermine the judicial branch in this manner.”
“The Administration’s lawsuit against all fifteen judges in the District of Maryland is not only unprecedented but it is a direct assault on the independence of the judiciary. Judges should not be sued for simply doing their jobs. Our legal system provides that if a party disagrees with a judicial decision, the proper remedy is to appeal the decision. By suing Article III judges, the Department of Justice is turning our Nation’s federal courts against the very judges who uphold the rule of law every single day. This lawsuit is another example of the Administration’s blatant attempts to squelch any dissent and undermine our carefully calibrated system of checks and balances.
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“The Department of Justice’s unprecedented lawsuit against all fifteen federal judges of the U.S. District Court for the District of Maryland is not only an impermissible collateral attack on the court’s rulings—it is a direct assault on judicial independence. This action represents a dangerous attempt to influence the judiciary through coercion rather than appeal. Political scientists and historians have long warned of efforts to “capture the referees”—a hallmark tactic of authoritarian regimes. As citizen lawyers, we must stand united in defense of the courts and the rule of law. ”
“The Department of Justice’s lawsuit against the entire Maryland District Court bench is an outrageous and unprecedented assault on judicial independence. It is both legally indefensible and constitutionally dangerous. This action makes clear what many have feared: the DOJ has been fully politicized and is now being wielded as a tool of presidential retribution in ways never before imagined within our democratic system.
Targeting judges —simply because their actions do not align with the administration’s immigration agenda—undermines the separation of powers and sets a perilous precedent for the future of judicial neutrality. The National Bar Association condemns this blatant abuse of federal authority and stands in unwavering solidarity with the Maryland judiciary and all members of the bench who fulfill their constitutional duty to uphold justice without fear or favor. We must not allow the rule of law to be trampled by authoritarian impulse.”
“As Chief Justice Roberts reminded us recently, disagreements with judges’ decisions should be addressed by the appellate process. A lawsuit against judges in this manner is unprecedented and unwarranted. The responsible parties at the Department of Justice should be ashamed of their participation in this. ”
“Just yesterday we heard from judges from Venezuela and Poland who chillingly described how authoritarian regimes in their countries systematically stripped the judiciary of their independence. This is a tactic right out of the authoritarian playbook, and it is clear that the Trump administration is replicating such tactics now. We will not allow threats and intimidation by the administration to silence judges. The legal profession will fiercely defend judicial independence. ”
“To sue the entire bench of the Maryland District Court is an outrageous threat to our democracy and goes beyond the pale. Our founders crafted a system of checks and balances deliberately so no one branch of government could run roughshod over the American people or the other two branches. For the administration to target the very people whose job it is to make sure that rules are followed by everyone is unacceptable and dangerous. Just as a team cannot toss a referee from the game because of a call they don’t like, attempting to intimidate, invalidate, and ignore an entire Federal District Court bench because of a judge’s ruling, that protects the individual’s right to the Constitutional requirement that the government must prove their case, is offensive to the very ideals that our country was founded upon. To try and shape the Judicial branch in this way would make them no more than puppets of whoever is President. “Obstruction of Justice” is one of the grievances listed in the Declaration of Independence and an independent and impartial judiciary free from interference by the Executive branch remains a cornerstone of our legal system. As lawyers, we are alarmed at this attack on our democracy, and encourage everyone to speak out against this egregious affront to our American ideals.”
“The San Francisco Trial Lawyers Association strongly denounces the Department of Justice’s threats to federal judges for doing their jobs enforcing the rule of law and the right to due process. Our system of justice is designed to serve the people and cannot function without an independent judiciary. We will fight for judges to rule without undue influence or fear.”
The Nation of Laws Coalition is a non-partisan alliance of legal organizations and advocates dedicated to upholding the rule of law, judicial independence, and the independence of the legal profession.