Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

BumRushDaShow

(167,376 posts)
Wed Feb 11, 2026, 08:00 PM 16 hrs ago

DOJ tried to wipe away major loss in lawsuit against 15 federal judges, but a court wasn't having it

Source: Law & Crime

Feb 11th, 2026, 10:50 am


After boldly suing an entire district court and its judges and losing, the Trump administration immediately moved to appeal. But when the calendar turned to 2026, the DOJ reversed course and tried to back away while still claiming a win. An appeals court has now responded with a no.

The 4th U.S. Circuit Court of Appeals on Tuesday issued a brief order stating that the DOJ's motion to dismiss its appeal as moot and request to vacate its loss in the court below were both denied. "The case is not moot," the 4th Circuit order said, reinstating a briefing schedule in the case rather than siding with the DOJ's wishes.

The DOJ and the Department of Homeland Security over the summer forged ahead with the "unprecedented" move to sue the whole U.S. District Court for the District of Maryland over automatic two-day stays in habeas corpus cases. The government claimed that Chief U.S. District Judge George Russell III's "standing orders" in response to an "influx of habeas petitions" were evidence of "judicial overreach" purporting to thwart President Donald Trump's "executive authority" and his 2024 election mandate to swiftly carry out deportations.

Those claims ran into a brick wall in August, when U.S. District Judge Thomas T. Cullen, a Trump appointee, dismantled the "novel and potentially calamitous" lawsuit and criticized Trump administration cabinet members for calling members of the judiciary "rogue" and "activists."

Read more: https://lawandcrime.com/high-profile/doj-tried-to-wipe-away-major-loss-in-lawsuit-against-15-federal-judges-but-a-court-wasnt-having-it/



Link to ORDER (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.ca4.179868/gov.uscourts.ca4.179868.24.0.pdf


REFERENCES

https://www.democraticunderground.com/10143511904
https://www.democraticunderground.com/10143512497
https://www.democraticunderground.com/10143518815
3 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
DOJ tried to wipe away major loss in lawsuit against 15 federal judges, but a court wasn't having it (Original Post) BumRushDaShow 16 hrs ago OP
Check ... and MATE! FakeNoose 14 hrs ago #1
Judgments are vacated to fix substantial injustices in the legal process. NOT because you regret your asinine lawsuit pat_k 13 hrs ago #2
LOL drumpf JoseBalow 11 hrs ago #3

pat_k

(12,859 posts)
2. Judgments are vacated to fix substantial injustices in the legal process. NOT because you regret your asinine lawsuit
Wed Feb 11, 2026, 11:03 PM
13 hrs ago

Examples of legitimate reasons to move to vacate:

Default Judgments:
The party never received proper notice of the lawsuit or hearing (improper service), preventing them from defending themselves.

New Evidence:
Critical evidence was discovered after the judgment that could not have been found earlier with reasonable diligence.

Procedural Errors or Fraud:
The opposing party committed fraud, misrepresentation, or misconduct, or there were significant procedural irregularities.

Mistake or Neglect:
The judgment was entered due to mistake, inadvertence, surprise, or excusable neglect.

Lack of Jurisdiction:
The court that issued the ruling did not have the authority to do so.


Latest Discussions»Latest Breaking News»DOJ tried to wipe away ma...