Fourth Circuit weighs whether the executive branch can sue an entire federal court

The executive branch asked a Fourth Circuit panel on Friday to decide whether it can sue the judicial branch, a first-of-its-kind challenge to the courts' rulemaking authority ¹. The federal government sued the entire U.S. District Court of Maryland bench over two standing orders that bar immigration officials from removing or altering a detainee's legal status until at least two business days after the person files a habeas corpus petition, a request asking a judge to review a detention ¹.

Virginia-based U.S. District Judge Thomas Cullen, a Donald Trump appointee, dismissed the suit, holding that the executive branch lacked the authority to sue the judicial branch ¹. "Any fair reading of the legal authorities cited by defendants leads to the ineluctable conclusion that this court has no alternative but to dismiss," Cullen wrote, adding that to hold otherwise "would run counter to overwhelming precedent, depart from longstanding constitutional tradition and offend the rule of law" ¹.

A 'grave threat,' the judges' lawyer says

Attorney Paul Clement of Clement Murphy, representing the Maryland judges, told the panel the case is unprecedented ¹. "Judge Cullen was correct to recognize that the executive's extraordinary effort here to sue an entire judicial district in the name of the United States is a grave threat to the separation of powers," Clement said ¹. He added that the executive branch has been frustrated with the judiciary before but "haven't resorted to this kind of extraordinary action" ¹.

Justice Department attorney Sarah Welch argued the executive branch has a legitimate cause of action through the U.S. Supreme Court's 1895 ruling in re Debs, which she said gave the federal government authority to enjoin any practice that infringes on a sovereign interest ¹. Welch said the action challenges a procedural rule, not an adverse ruling, which she conceded the government could not do ¹.

Judges press both sides

U.S. Circuit Judge Stephanie Thacker, a Barack Obama appointee, pressed Welch on the lack of case law and asked whether the government's argument had a limiting principle ¹. "Why couldn't the United States just evade judicial review any time it wanted to and didn't like a court's ruling or a court's orders by suing the entire court as it did here?" Thacker asked. "What's to stop the executive branch from suing the Fourth Circuit?" ¹

U.S. Circuit Judge Marvin Quattlebaum, a Trump appointee, seemed less interested in precedent ¹. "Just because it's unprecedented doesn't mean it's wrong," Quattlebaum said. "We get put in bad spots all the time. I don't think that's a reason to rule against the government" ¹. He also questioned the limits of the government's Debs argument, saying he was still trying to figure out whether any limits existed and that the court would have to define what Debs means ¹.

Clement also argued the judges enjoy judicial immunity even if the panel recognizes Debs as a cause of action, and pointed to the 11th Circuit's decision in Bolin v. Story against what he called "horizontal judicial review" ¹. U.S. Circuit Judge DeAndrea Gist Benjamin, a Joe Biden appointee, completed the three-judge panel ¹. Clement and the Justice Department did not respond to a request for comment ¹.

The Maryland judges said they issued the orders in response to a flood of petitions arising from Trump's push to expedite removals ¹. The executive branch would typically challenge such orders by appealing a particular habeas proceeding to the Fourth Circuit ¹.

That matters because the panel's ruling will set whether the executive branch can use a lawsuit, rather than an appeal, to challenge a court's procedures.

The Record

1. Oct 30, 2026A Fourth Circuit panel hears the Justice Department's suit against every judge in Maryland over immigration standing orders ¹.
2. Oct 30, 2026Judge Cullen's dismissal held the executive branch lacked authority to sue the judicial branch ¹.

Sources

1. Courthouse News, “Can the feds sue judges? Fourth Circuit wrestles with ‘unprecedented’ lawsuit” (2026-10-30). courthousenews.com/can-the-feds-sue-judges-fourth-circuit-wr
2. news.bloomberglaw.com, “Fourth Circuit Skeptical of Justice Department Bid to Sue Judges” (2026-10-30). news.bloomberglaw.com/litigation/fourth-circuit-skeptical-of

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