Supreme Court Protects Separation of Powers Following Lee Amicus Brief

WASHINGTON - U.S. Senator Mike Lee (R-UT) lauded the United States Supreme Court's decision to maintain the separation of powers by keeping activist judges from coopting the role of Congress in the case of Daren K. Margolin, Director of the Executive Office for Immigration Review v. National Association of Immigration Judges. Following Senator Lee's urging in an amicus curiae brief, the Supreme Court reversed a ruling by the Fourth Circuit that would have potentially undermined a policy requiring federal immigration judges to obtain approval before taking on speaking engagements in their official capacity.

"I'm glad to see the Supreme Court maintain the separation of powers keeping rogue activist judges from undermining the work of the executive branch," said Senator Mike Lee. "Our federal immigration judges should be focused on their jobs, not making themselves celebrities via unapproved speaking engagements targeted at undermining the very purpose of their work. When litigants seek to improperly challenge such approval policies in federal court, judges should also respect the administrative processes established by Congress for these types of claims. I'm proud to have spoken for Congress in an amicus curiae brief and pleased to see the Supreme Court listen."

Background

The amicus brief argued that-contrary to the proceedings in this case-legal challenges to this approval policy should be channeled through the appropriate administrative process established by Congress. Justices Thomas and Barrett, in a separate writing, signaled agreement with this reasoning, stating that "[s]tatutes change only when Congress changes them, not when judges decide that they no longer vindicate Congress's purposes."

Read the full amicus curiae brief here.

Read the Supreme Court's decision here.

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