The Supreme Court has Declined to Halt a Lawsuit from Immigration Judges, who Say a Policy Restricting their Public Comments Violates their First Amendment Rights, Allowing the Case to Proceed in federal Court. The Judges, backed by a Former Union and the Knight First Amendment Institute, Contend the Rule Improperly Curtails their Speech.
The Lawsuit, titled Margolin v. National Association of Immigration Judges, Targets the Department of Justice (DOJ) and the Executive Office for Immigration Review (EOIR).
The DOJ Argued that the Judges must First pursue Remedies through Administrative Agencies.
Attorneys at the Knight First Amendment Institute at Columbia University said, “The policy categorically forbids the judges from speaking publicly in their personal capacities about immigration and about the agency that employs them.”
The DOJ stated, “The judges must first pursue remedies through administrative agencies,” and Argued the Appeals Court Ruling would “Wreak Havoc” on similar Cases.
In a Brief Order, the Court said the Government had Not shown it “will suffer irreparable harm without a stay,” but it may Seek Emergency Review Again.
U.S. Solicitor General D. John Sauer (R) said, “Only this court can halt the ongoing and rapidly spreading uncertainty for countless cases.”
The Supreme Court’s recent Refusal to Stay the Case, means the Lawsuit will Proceed in the Lower Courts for now. This is a Significant Blow to the DOJ’s Attempt to keep the Dispute “In-House” and Prevents them from immediately Enforcing the Gag Rule.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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