Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—July 2

Badge of an Immigration and Customs Enforcement’s Fugitive Operations team (Lucy Nicholson/Reuters)

2019—In response to a decision by the Attorney General that aliens in removal proceedings awaiting action on their applications for asylum must generally be detained during the process, federal district judge Marsha Pechman (in Padilla v. ICE) enters a nationwide injunction requiring the United States to provide bond hearings for that class of aliens.

Dissenting from a Ninth Circuit panel decision affirming Pechman’s order in March 2020, Judge Bridget Bade will object that the Supreme Court “has repeatedly interpreted [a statutory provision] as a bar on classwide injunctive relief against” removal proceedings and that two other federal appellate courts have so ruled with respect to the very circumstances of this case.

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