The Trump administration was dealt a rare Supreme Court shadow docket loss on Friday in a case that challenges a Justice Department policy that restricts immigration judges from speaking publicly about immigration issues without prior approval.
Josh Gerstein, senior legal affairs reporter at Politico, shared the shadow docket ruling on X in a case that stems from a lawsuit the National Association of Immigration Judges filed against the Director of the Executive Office for Immigration Review. The immigration judges challenged review policies that limit what immigration judges can publicly say about issues related to their official duties.
NAIJ had said the rule violates the First Amendment. The EOIR chief asked the Supreme Court to halt a lower court’s mandate that sent the case back to the district court, arguing that Supreme Court precedent already makes clear that the Civil Service Reform Act channels these disputes out of the district court.
But on Friday, the Supreme Court denied the Trump administration’s request, so the lower court’s remand order stayed in effect as the underlying jurisdictional and First Amendment issues continue to be litigated.
Gerstein noted it was a “rare” shadow docket loss for the Trump administration, but added on X, “Court tempers blow by inviting DOJ to come back if discovery is approved.”
“At this stage, the Government has not demonstrated that it will suffer irreparable harm without a stay,” the shadow docket ruling said.
As of October, Trump secured victories in 20 shadow docket rulings out of 23 decisions involving his administration this year.
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