The U.S. Supreme Court declined to block a lower court ruling that revived a lawsuit by immigration judges challenging a gag policy, sending the case back for further proceedings.

The justices rejected the Trump administration’s request to halt a 4th Circuit Court of Appeals decision that allowed the National Association of Immigration Judges to pursue their constitutional claims in federal court. The case centers on a policy that restricts immigration judges from publicly discussing immigration policy and their employer agency.

What Sparked the Legal Challenge

Immigration judges filed suit in Alexandria, Virginia federal court, arguing the speech restriction violates the First Amendment. U.S. District Judge Leonie Brinkema initially dismissed the case, ruling that judges must pursue their claims through the federal government’s administrative review process under the Civil Service Reform Act.

The 4th Circuit reversed that dismissal after the judges’ association appealed, citing concerns about the independence of the administrative review system. The appeals court pointed to President Donald Trump’s removal of the Merit Systems Protection Board chair and the Special Counsel, officials essential to resolving federal employment disputes.

The Government’s Argument

Solicitor General D. John Sauer requested December 5 that the Supreme Court block the appeals court decision, arguing that