Fourth Circuit denies Trump DOJ bid to dismiss lawsuit against MD judges

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The Trump administration‘s lawsuit against Maryland’s federal judges is not moot, the U.S. Court of Appeals for the Fourth Circuit ruled last week, denying the administration’s attempt to dismiss its own case.

The administration appealed to the Fourth Circuit after a district court judge in August dismissed its lawsuit, which challenged a standing order intended to preserve due process for people facing deportation.

But instead of filing an opening appeal brief, the U.S. Department of Justice in January attempted to drop the case and asked the Fourth Circuit to vacate the lower court ruling. The DOJ argued the case was now moot because George Russell III, chief judge of the Maryland U.S. District Court, in December issued a new standing order regarding petitions for writ of habeas corpus.

The government called it a “classic” example of a ruling deserving to be vacated due to mootness.

“This appeal became moot, post-judgment, when Appellees rescinded the policy from which the government sought relief,” the DOJ argued in a Feb. 6 brief. “The mere possibility of future litigation challenging a new, different policy on new, different grounds does not preserve the vitality of a challenge to the old, rescinded policy. Indeed, to the extent it is relevant, the possibility of future litigation between the parties only cuts in favor of vacatur.”

The judges earlier this month urged the court to affirm U.S. District Judge Thomas Cullen’s decision dismissing the case. They argued the move to drop the case was a “tactical decision” to avoid a precedent-setting ruling by the Fourth Circuit, and warned of another lawsuit against the court.

“The case is not moot,” Fourth Circuit Clerk Nwamaka Anowi wrote for the court on Feb. 10. The court reinstated the briefing schedule; the administration’s opening appeal brief is now due March 23.