The full D.C. Circuit will not rehear the Trump administration’s challenge to Judge Boasberg’s April “probable cause” order.
A majority of the en banc court believes the panel majority erred when it issued the writ of mandamus.
The ruling allows contempt proceedings to continue, sending the matter back to Boasberg after nearly seven months.
Judge Florence Pan dissented, arguing the court should rehear the matter to clarify when mandamus relief can be issued.
Why this matters: This decision impacts the ongoing legal challenges related to the Trump administration’s immigration policies and the extent of executive power. The return of the case to Judge Boasberg allows for potential further scrutiny of the administration’s actions.
The procedural history of this case is complex. Judge Boasberg initially challenged President Trump’s use of the Alien Enemies Act to expedite the removal of individuals from the country. After an unusual ruling, the full D.C. Circuit let stand an earlier ruling from a three-judge panel that tossed out Judge Boasberg’s April order, which required the administration to “purge” the contempt or provide information about who allowed flights to proceed to El Salvador on March 15 and 16, despite a temporary restraining order. The panel’s decision was split, with Trump appointees Katsas and Rao granting mandamus for different reasons, opposed by Judge Pillard.
The full D.C. Circuit consists of 11 active judges, with a majority of Democratic appointees. Despite disagreements among the judges, the decision to not rehear the case en banc ultimately sends the matter back to Judge Boasberg.
While some judges like Pan believe the court should rehear the matter to clarify the issuance of mandamus relief, others concluded it was more important to return the case to Boasberg, avoiding potential Supreme Court involvement.
Q: What is the Alien Enemies Act?
It is an act that the Trump administration attempted to use to quickly remove people from the country.
Q: What is a writ of mandamus?
It is an extraordinary order issued when the party seeking it has a clear and indisputable right to relief.
The D.C. Circuit’s decision allows contempt proceedings against the Trump administration to continue.
The case returns to Judge Boasberg for further review.
Disagreements among the D.C. Circuit judges highlight the complexities of the legal challenge.
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