Justice Department urges Supreme Court to prevent immigration judges from filing free speech lawsuit

On Friday, the Justice Department requested that the Supreme Court intervene in a long-running legal dispute over rules that prevent immigration judges from publicly sharing personal opinions, a case that could have significant implications for federal employees.

The dispute centers on a policy requiring immigration judges to obtain approval before making public statements. A former labor union representing these judgeswho are employed by the Justice Departmentfiled a lawsuit claiming that the policy infringes on their First Amendment rights.

The Supreme Court is being asked to resolve a procedural issue: whether the case should start in federal court or be addressed first by independent civil service agencies that usually handle such complaints from federal workers. The challenge for the judges is that President Trump has curtailed the authority of these independent agencies.

Although the matter may seem procedural, it is linked to the administrations broader efforts to remove leaders of independent agencies, actions the conservative Supreme Court has temporarily allowed. In May, the court permitted Trump to dismiss officials from the Merit Systems Protection Board and the National Labor Relations Board. Recently, a divided appeals court in Washington, DC, upheld Trumps authority to remove these officials, ruling that Congress cannot limit the presidents power to dismiss principal officers with significant executive responsibilities.

The Supreme Court is set to hear arguments on Monday regarding the presidents ability to remove leaders of independent agencies that Congress intended to be insulated from political influence. Analysts expect the court to favor the administration based on recent decisions in related cases.

If the Court allows the Justice Departments request, it could restrict federal employees from bringing claims in federal court and instead require them to go through administrative agencies. This case also coincides with efforts by the administration to replace immigration judges.

The Justice Department argued that without the Supreme Courts intervention, the appeals court ruling supporting the judges could cause widespread disruption in similar cases. Solicitor General D. John Sauer emphasized that only the Court could address the growing uncertainty affecting numerous matters.

A federal district court had previously sided with the government, ruling that the judges complaints should be reviewed by administrative agencies. However, earlier this year, the 4th U.S. Circuit Court of Appeals reversed that decision, stating the trial court should assess whether these agencies function as Congress intended. The appeals court noted that the principle of independent bodies reviewing federal employee disputes has recently been called into question.

Sauer asked Chief Justice John Roberts, who oversees emergency appeals from the 4th Circuit, to issue a rapid administrative order to prevent the district court from proceeding with the review.

Author: Ethan Caldwell