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Supreme Court Allows Immigration Judges’ Free Speech Lawsuit To Proceed

Photo by Tomasz Zielonka / Unsplash

The Supreme Court on Friday allowed a lawsuit brought by immigration judges challenging speech restrictions imposed by the Justice Department to move forward, dealing a procedural setback to the Trump administration.

The justices declined to block a lower court ruling that keeps the case in federal court, saying the government failed to show it would suffer irreparable harm without a stay.

The decision was issued without dissent and leaves the administration free to return to the court later.

The case centers on a policy requiring immigration judges to obtain approval before speaking publicly.

Judges argue the rule violates their First Amendment rights by restricting personal speech about immigration and the agency that employs them.

While the dispute now focuses on whether the case belongs in federal court or before administrative review boards, the outcome could affect other federal employees.

The appeals court previously ruled that concerns about the independence of those agencies justified federal court review.

The district court is now cleared to resume proceedings.

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