On July 28, 2025, Lawyers Defending American Democracy (LDAD), its Maryland chapter (MD-LDAD), the Lawyers Society for the Rule of Law Institute (SRLI), and retired Judge J. Michael Luttig filed an amicus curiae brief in support of federal judges targeted by a lawsuit brought by the U.S. Department of Justice. The case challenges a Standing Order issued by the U.S. District Court in Maryland, which temporarily bars the government from deporting non-citizens for two business days after they file habeas petitions.
The amici argue that the court’s order is a lawful, modest use of judicial authority—designed to prevent the government from thwarting judicial review by deporting detainees before courts can assess jurisdiction. Citing recent cases where ICE allegedly concealed detainees’ locations or transferred them across jurisdictions to avoid scrutiny, the brief defends the courts’ constitutional role and warns that DOJ’s lawsuit threatens the separation of powers and access to justice.
The brief reflects a bipartisan effort to safeguard judicial independence and uphold the rule of law amid what the amici describe as harassment of the courts by executive officials.