Retired Federal Judge Andre Davis learned Justice Department When he boarded a flight to Charlotte, Nekan to attend a judicial conference, he decided to sue his former colleagues.

His fellow passengers were among the US District Court for the district of 15 Judges of Maryland, who now find themselves at the other end of one. Unusual court case,

“Its Using that they are actually individually nominated in their official abilities, “Davis said.” And so you have to ask yourself, ‘What is happening here? What kind of performance? What were the audience for this? ,

Davis said that what is going on is an attack on judicial freedom, at a time when federal judges are facing an increase in violence and impeachment threats, just to do their work. But the Department of Justice says that it is trying to stop the judicial over -wide case. The case is likely to appeal in high courts.

Controversy in Maryland began in May, when Chief Justice Ordered In every case, a 48 -hour stop where an individual migrant tried to stop his removal from the US with a captive petition.

A professor of Georgetown University Law Center, who closely follows on the issues of immigration, said, “The reason for implementing it is that there is a lot of requests for the detained petitions and so many people, which are subject to sudden, stems of exile orders, and the courts need time to be able to consider these requests.”

Captive corpus petitions A petition is used by people trying to stop illegal imprisonment by filing a petition in court to review the validity of their custody.

The background is a case of dull Kilmar Abrego Garcia. He is a man from Maryland who was given to Al Salvador, which was later called a “administrative error” by the Department of Justice. After weeks in a cruel jail, he is now back to the US, fighting criminal allegations here.

Accused of reducing executive branch

Increasing immigration enforcement is one of the top priorities of Trump administration. Attorney General Palm Bondi said that the court order in Maryland was overching and reduced the executive branch, when justice and motherland security department Lawsed on Federal court last month.

“Like other government officials, judges sometimes violate the law,” the Department of Justice Stated in court papers Last week. “Executive privilege in this case includes an extraordinary form of judicial intervention.”

Andrew Arthur is a resident Fellow at the Center for Immigration Studies who criticized the order by the Chief Justice in Maryland. The Center advocates the lower level of immigration in the United States.

“This is an aggressive step by DOJ, but is of course an aggressive step by the district court,” Arthur said.

Arthur said that the judges of the lower court do not have the jurisdiction to impose such temporary stagnation on exile – and that the Department of Justice argues in the court papers that It tried to reach out The body that oversees federal courts before filing the case.

He said, “Prohibition relief itself is considered extraordinary, and yet through its permanent order, the district court has not only made worldly but automatic,” he said.

Last month, Supreme Court Limited Courts’ ability to impose universal prohibition orders when it was issued Opinion in a case about congenital citizenship – Although Maryland’s position worries about limited prohibitions in response to individual prisoners petitions, not nationwide orders.

Prior case against court under Clinton

A case on a federal court is rare for the Department of Justice. But Trump Dose says that this has happened earlier. Its court brief cited a case during the Clinton Administration when the then-US Attorney and now Sen Sheldon Whitehouse, Dr. I. Has filed a lawsuit on a rule about issuing subponus to lawyers in court in Road Island.

Chertoff of Georgetown University Law Center said, “It is not unprecedented for the litigants to prosecute the judge to say that the judge is taking an action and we think the judge’s action is wrong and we want to stay in the action of the judge.”

Most of the time, it is the job of the lawyers of the Department of Justice to protect a judge, who is filing a case. But this time, this department is suit, so judges in Maryland have noted the conservative lawyer. Paul Clement To represent them.

The case has been taken out of Maryland, as the entire district court bench is a defendant. To avoid the conflict of interest, the court clerk is also reused from any administrative functions related to the case – as the Department of Justice is also sueing the clerk. Instead, a deputy will handle any “ministerial” tasks.

US District Judge Thomas Kullen, Joe Ranoke, Wa. Located in, will be in charge. He was appointed in the bench by President Trump during his first term at the office.

For Andre Davis, who served in both the district court and the US Court of Appeal for the 4th Circuit, the episode is part of a broader breakdown in citizenship and honor between branches.

To respond, he and 50 other retired judges are working with the Nonpartison Group, which maintains our Republic’s articles three alliances, referring to the article of the US Constitution that strengthens the judicial branch.

“We have come together to raise their voice together to protect the rule of law, to threaten to disobey the court orders, against the judges, against dangerous and unfair attacks against the judges and in general, which all really weaken the rule of the law and in fact, the foundation of our democracy,” Davis said.

Legal experts estimate that the case against Maryland Judges may end in the Supreme Court one day.