“Confirmed Judges, Confirmed Fears” is a blog series documenting the harmful impact of President Trump’s judges on Americans’ rights and liberties. It includes judges nominated in both his first and second terms.
What’s at stake in this case?
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Immigration protesters tried to stop government use of tear gas and other anti-riot measures at demonstrations.
What happened in this case?
Clergy and other immigration protesters have held a series of protests against Trump immigration policy outside the immigration center in Broadview, Illinois near Chicago. They contended that federal officials have repeatedly used excessive force, including the use of tear gas, and filed suit against the government.
Federal district court judge Sara Ellis, who was nominated by President Obama, issued a preliminary injunction against the government, precluding the use of such tactics. The Trump Administration appealed and sought a stay pending appeal. The case was heard by two judges nominated by Trump, Chief Judge Michael Brennan and Michael Scudder, plus Reagan nominee Frank Easterbrook.
What did Trump judges Brennan and Scudder decide?
Trump judges Brennan and Scudder joined a brief unanimous order in Chicago Headline Club v Noem that granted the government’s request for a stay of Judge Ellis’ injunction. On the current record, they claimed , the injunction was “overbroad” and threatened the “separation of powers”.
The panel warned, however, not to “overread” its order, noting that Judge Ellis had developed “voluminous” and “robust”factual findings that may support a “more tailored” injunction that it plans to consider in expedited proceedings. The protesters have until December 3 to file briefs, although no further schedule has been set.
Why is the result harmful?
The ruling by Trump judges Brennan and Scudder plus Reagan judge Easterbrook will threaten the interests of the immigration protesters as they continue their activities, and sets a troubling precedent in other cases concerning deference to district courts. For example, another Seventh Circuit panel recently issued an unsigned opinion that reversed a lower court and blocked the release of hundreds of immigrant detainees in the Chicago area.. In addition, the decision illustrates the importance of our federal courts to health, welfare and justice and the significance of having fair-minded judges on the federal bench.