Washington, D.C. — The Supreme Court declined Friday to intervene in a dispute over speech restrictions placed on immigration judges, breaking a months-long streak of victories for the Trump administration on the court’s emergency docket.
In a brief order, the justices refused to block a lower court decision allowing a lawsuit challenging the restrictions to proceed. The policy requires immigration judges, who are executive branch employees, to obtain prior approval before giving speeches related to their official duties. No justice publicly dissented, though the Court left open the possibility that the administration could return later as the case develops.
The administration argued that the dispute should first be heard by the Merit Systems Protection Board, which oversees certain federal employment matters. Solicitor General D. John Sauer warned that bypassing the board could undermine its authority across the federal workforce. However, lower courts noted that President Trump’s earlier firings at the MSPB left it without a quorum for a prolonged period, raising doubts about its ability to function as intended.
The National Association of Immigration Judges, represented by the Knight First Amendment Institute, contends the policy violates the First Amendment by imposing an unconstitutional prior restraint on speech. While the Supreme Court did not address the free speech merits, advocates hailed the decision as a necessary check.
The ruling marks the administration’s first loss on the emergency docket since spring. Since returning to office, Trump has filed more than 30 emergency applications, a volume supporters attribute to judicial resistance and critics say reflects aggressive executive overreach.
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