+ Ex-judges claim bias, DOJ eyes Article II shield.
 

The Daily Docket

The Daily Docket

A newsletter by Reuters and Westlaw

By Caitlin Tremblay

Good morning. A wave of lawsuits by fired immigration judges could test whether presidential removal powers can override federal anti-discrimination protections. Plus, Meta settled the first U.S. case over school costs tied to youth mental health; we got some insight into Sullivan & Cromwell partner pay in a judicial ethics filing; and I rounded up some of our best recent stories should you be itching for a deep-dive. Here are some unusual photos to kick off the holiday weekend. Rest up (or don’t, I’m not in charge of you). I’ll be back in your inbox Tuesday.

Immigration judge firings set up clash over removal power

 

REUTERS/David 'Dee' Delgado

A growing wave of lawsuits by fired immigration judges is poised to test how far President Trump’s removal authority extends over executive-branch judges, and whether federal anti-discrimination laws still apply.

At least five former judges have filed lawsuits alleging they were targeted because of their backgrounds, prior advocacy for immigrants, or protected characteristics including race, sex, national origin, age, and political affiliation. Most seek reinstatement, back pay and damages.

The plaintiffs include George Pappas (Massachusetts), Florence Chamberlin (California), Carla Espinoza (Illinois), Kyra Lilien (California) and Tania Nemer (D.C.).

The DOJ is expected to argue immigration judges are “inferior officers” subject to at‑will removal under Article II, potentially outside standard civil-rights protections.

The Trump administration has fired at least 113 immigration judges and a similar number have taken buyouts, resigned or retired out of a total of approximately 700 judges, according to the National Association of Immigration Judges. At ⁠the same time, the DOJ has hired new judges, which it now calls "deportation judges," some on a temporary basis and most with military or enforcement backgrounds. On Thursday the administration added the largest class of new immigration judges in the agency's history. The DOJ said 77 new permanent immigration judges and five new temporary ones were sworn in.

 

Weekend Reading

Before you mentally check out for the long weekend, here’s a quick, can’t-miss roundup of stories worth reading (or at least skimming) before you post that OOO message.

My colleagues Joseph Ax and John Kruzel did a dive into the U.S. Supreme Court’s uneven application of its “Purcell principle.” Read that story here.

Speaking of SCOTUS, the end of the term is nigh and Jan Wolfe did a nice roundup of looming rulings in four major Trump-related cases, which you can read here.

Jack Queen gave us insights into whether cruise ship passengers can sue over the hantavirus outbreak and took a look at how President Trump’s court setbacks have failed to blunt his campaign against the media.

A Reuters review found the number of U.S. drug, gun and other prosecutions fell sharply as investigators focused on immigration and about half the federal prosecutors in Minnesota left. Brad Heath, Andrew Goudsward and Kristina Cooke have more on that here. 

And finally, Reuters won two Pulitzer Prizes earlier this month, one for national reporting for stories on Trump’s campaign of political retribution, and a second for beat reporting for investigations revealing how Meta knowingly ‌exposed users, including children, to harmful AI chatbots and fraudulent advertisements.

 

More top news

  • Texas sues Meta, WhatsApp over encryption privacy claims
  • Apple asks U.S. Supreme Court to review contempt order in Epic Games lawsuit
  • Republican revolt over Trump 'anti-weaponization' fund stalls ICE funding vote
  • Goldman Sachs to pay $500 million to settle shareholder lawsuit over 1MDB scandal
 
 

Industry insight

  • Prominent Washington lawyer Thomas Goldstein added Cooley partner and former U.S. Solicitor General Elizabeth Prelogar to his defense team after a federal jury in February convicted him of tax and financial crimes tied to his side career as a high-stakes poker player.
  • A federal jury in Mississippi found Baker Donelson failed to supervise a lawyer and lobbyist involved in a multimillion-dollar fraud, but also said the former employees’ criminal conduct fell outside the scope of their work at the firm. Read more here.
  • Judges, Democratic politicians and prominent lawyers used commencement speeches at U.S. law schools this year to urge graduates to leverage their degrees to protect the rule of law—with some taking direct aim at the policies of President Trump.
 

$7.36 million

That’s how much Sullivan & Cromwell partner Matthew Schwartz, nominated by President Trump to a seat on the 2nd Circuit, reported earning last year. Read more in this week’s Billable Hours.

 

"I don’t think the DOJ is ready for us ⁠yet."

—Peter Ticktin, an attorney representing more than 400 January 6 defendants. Ticktin said the $1.7