Trump-Appointed Judge Throws Out the Justice Department's Lawsuit Against Maryland's Entire Federal Bench

On August 26, 2025, U.S. District Judge Thomas Cullen, a Trump appointee sitting in the Western District of Virginia, dismissed the Justice Department's lawsuit against all 15 federal judges of the District of Maryland. The suit had challenged a standing order by Chief Judge George L. Russell III that paused the removal of immigrants who filed habeas corpus petitions until 4 p.m. on the second business day after filing, so that a court could review the petition before deportation. The department argued the order improperly constrained presidential immigration enforcement authority.

Cullen held that the executive branch lacked authority to sue an entire co-equal branch, writing that the effort was "both unprecedented and unfortunate" and that permitting it would "run counter to overwhelming precedent" and "offend the rule of law." He said the ordinary remedy for an objectionable judicial order is an appeal. Suing a whole district bench, rather than appealing, treats judges as adverse parties in their own courthouse and creates pressure on the judges who would hear the administration's future cases.

The dismissal left Chief Judge Russell's standing order in place. The Justice Department's position was rejected on standing and structural grounds rather than on the merits of the underlying immigration dispute.