Amicus Brief in Defense of the Federal Judiciary
The Society for the Rule of Law has joined in filing an amicus brief with the United States Court of Appeals for the Fourth Circuit in United States v. Maddox, in support of the U.S. District Court for the District of Maryland’s Standing Order to keep Kilmar Abrego Garcia within 200 miles of the District Court’s Greenbelt, MD courthouse, pending resolution of his habeas corpus petition. The brief argues that the Administration has demonstrated a history of confining and removing immigration-related detainees so as to disrupt their access to courts and to impede those courts’ abilities to adjudicate detainees’ cases. The argument claims that the Standing Order is a justified and reasonable defense of the District Court’s ability to review Garcia’s petition (Abrego Garcia v. Noem et al.) and exercise its constitutional responsibilities.
The Standing Order is a modest exercise of the district court’s inherent authority to manage its dockets and exercise its constitutional responsibilities. This authority is particularly important in habeas petitions and other cases challenging executive action, where separation-of-powers considerations are paramount. The government’s attempt to invalidate the Standing Order represents an assault on these considerations and the rule of law.
The nature of this assault is confirmed by the government’s pattern of conduct in immigration cases over the last sixteen months. Through precipitous deportations and concealment of, or lack of transparency about, where it is confining detainees, the government seeks to prevent immigration-related habeas petitioners from accessing the United States District Court for the District Court of Maryland (“the District Court”) and the District Court from adjudicating those habeas petitions. The Standing Order provides a brief window during which the District Court can inquire into relevant facts, nothing more. Such inquiry is an essential element of the judiciary’s constitutional role as a co-equal branch of government.
Read the full brief here. For press inquiries, please contact [email protected].
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