"In a 37-page ruling, US district judge Thomas Cullen of Virginia's western district who was nominated and confirmed to his position during Donald Trump's first presidency wrote that any fair reading of the legal authorities cited by defendants leads to the ineluctable conclusion that this court has no alternative but to dismiss. To hold otherwise, Cullen added, would run counter to overwhelming precedent, depart from longstanding constitutional tradition, and offend the rule of law."
"And Cullen said that instead of suing, the administration should have challenged the order though other legal channels, such as appealing against the order. As much as the executive fights the characterization, a lawsuit by the executive branch of government against the judicial branch for the exercise of judicial power is not ordinary, Cullen wrote. In their wisdom, the constitution's framers joined three coordinate branches to establish a single sovereign."
US District Judge Thomas Cullen dismissed the Trump administration's lawsuit against all 15 judges of Maryland's federal district court in a 37-page opinion. The administration had challenged an order by Maryland's chief district judge that temporarily barred deportations for two business days for undocumented immigrants who filed challenges to their detention. Cullen found that the judges are absolutely immune from lawsuits over their judicial actions and that the administration should have pursued appellate review instead. Cullen wrote that allowing the suit would contradict overwhelming precedent, depart from constitutional tradition, and offend the rule of law, and cautioned about executive-judicial clashes.
Read at www.theguardian.com
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