I have been a lawyer for more than 30 years, and in all that time I have never seen anyone sue a federal judge for issuing a procedural order. That is, until Donald Trump’s Department of Justice sued the entire federal bench — all 15 judges — in Maryland.
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August 28, 2025

I have been a lawyer for more than 30 years, and in all that time I have never seen anyone sue a federal judge for issuing a procedural order. That is, until Donald Trump’s Department of Justice sued the entire federal bench — all 15 judges — in Maryland.

 

It began earlier this year. After Trump initiated his mass deportations, federal courts were flooded with emergency petitions to halt imminent removals. In normal circumstances, when a migrant files an emergency motion to prevent deportation, the government pauses its actions to allow the judicial process to unfold.

 

However, this spring, we watched in horror as the Trump administration did the opposite. Rather than pausing deportations, it accelerated them.

 

In one infamous case, the DOJ appeared to mislead a federal judge in Washington, D.C., about the status of Venezuelans being flown to El Salvador. After Judge Boasberg ordered two planes of Venezuelans to turn around and return to the United States, the administration allowed the planes to continue on their original course. In an even greater show of defiance...

You’re reading a shortened premium newsletter from Democracy Docket founder Marc Elias. Upgrade today to stand with the pro-democracy movement and get Marc’s full analysis on:
  • How Trump’s lawsuits against judges threaten our democracy

  • Why his administration defied court orders to rush deportations

  • What his war on judges signals about authoritarian threats
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