Trump's Department of Justice sued all 14 trial judges who serve in the District of Maryland. DOJ contests a standing order issued by the Chief Judge of the district that instructs to clerk of the court to enter a two-day temporary restraining order whenever someone files a petition for habeas corpus in a deportation case. The purpose of the TRO is to preserve the district court's jurisdiction to allow for an orderly review of the merits of the petition -- i.e., to prevent the administration from whisking the deportee out of the country and mooting the habeas petition. It's a perfectly ordinary protective order under the All Writs Act, which has been part of the law of the land since the Judiciary Act of 1789.
Professor Austin Sarat (Amherst College) is all over this one, arguing that the DOJ effort in this case shows yet again the disdain this administration has for the rule of law. It's a brief op-ed in Slate and worth the four minutes it takes to read.
As I wrote on Wednesday, respect for the rule of law -- particularly the law of the Constitution -- is exactly what our officials swear to uphold when they take their oath of office. And the Trump lawyers, among and above all others, should know better.
None of this bodes well for future health-law cases, which depend upon a fair reading of constitutional and statutory precedents, not the current DOJ's strong suit.
