Prominent conservative litigator and former U.S. Solicitor General Paul Clement has been retained to defend 15 federal judges in Maryland, as well as the U.S. District Court for the District of Maryland, in a highly unusual lawsuit filed by the U.S. Department of Justice. The lawsuit, brought by the Trump administration, challenges a court order that temporarily blocks the immediate deportation of migrants contesting their removal.
Clement and his partner, Erin Murphy of the law firm Clement & Murphy, entered appearances on Thursday to represent the judges—a role that DOJ attorneys would typically fill, had the department not been the plaintiff.
Filed on June 24, the DOJ’s case targets a May court order imposing a two-day pause on deportations for migrants who file habeas petitions. U.S. Attorney General Pam Bondi has called the order an example of “judicial overreach” obstructing President Trump’s immigration agenda.
Legal experts have described the lawsuit as unprecedented. Because all Maryland judges are named as defendants, the case has been assigned to Judge Thomas Cullen of the Western District of Virginia, a Trump appointee.
Clement is well known for his conservative advocacy, including landmark cases on gun rights, but has recently challenged aspects of the Trump administration. He is also representing WilmerHale in a lawsuit over a now-blocked executive order and is part of the defense team for a Wisconsin judge accused of helping a migrant evade immigration authorities.
The case is United States v. Russell, No. 25-cv-02029, U.S. District Court for the District of Maryland.