FROM JC THIS MORNING ….BEFORE THE SC CIRCUIT COURT SMACKDOW !

WOW….

Yesterday, the Washington Post ran a tantalizing story headlined, “DOJ sues all federal judges in Maryland over deportation order.”

The Chief Judge for the District of Maryland entered a standing order granting automatic deportation stays for any new immigration cases filed in that district. And guess where they’re all being filed now?

Instead of backing down or enduring endless appeals, yesterday, Trump’s DOJ sued the entire Maryland bench for interfering with executive foreign policy authority. Every single judge was named as an individual defendant. I’m not sure that’s ever happened before.

It’s one thing to appeal a ruling. That’s normal. But suing every judge in the district is doctrinal civil war. Beyond legal positioning, it argues that certain judicial practices themselves are unlawful executive interference and beyond the courts’ constitutional authority.

The new lawsuit focuses just on the legality of the standing order, which grants relief to unknown future parties even before their cases are filed. Which makes it a lot more like a law than like judging.

It might seem like a procedurally dense or even narrow issue, but the lawsuit still provoked untrammeled hysteria. Retired Judge J. Michael Luttig complained, “It is reckless and irresponsible and yet another direct frontal assault on the federal courts of this country.” Maryland’s Governor Wes Moore snapped, “Make no mistake: this unprecedented action is a transparent effort to intimidate judges and usurp the power of the courts.”

Carl Tobias, a U. Richmond law professor, called it “mind-boggling.” But maybe the best quote, again from Judge Luttig, admitted the Administration is winning: “The president and his attorney general will continue their ruthless attack on the federal Judiciary and the Rule of Law until the Supreme Court of the United States at least attempts to stop them, because they are winning their war.”

We’ll see. But, TAW