Margolin v. NAIJ · ¶1

In October 2021, the Executive Office for Immigration Review implemented a rule requiring immigration judges to obtain supervisory approval for public speeches relating to their official duties. An association of such judges (respondent here) challenged the policy in federal district court, asserting violations of its members' First and Fifth Amendment rights. The District Court held that respondent's challenge must proceed through the administrative review scheme established by the Civil Service Reform Act of 1978 (CSRA), 92 Stat. 1122, 1125, 5 U. S. C. §§ 1205, 1206. But the Fourth Circuit vacated and remanded for factfnding into whether that review scheme was functioning as Congress intended, an issue the parties had not raised.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.