1st Circuit Court Shoots Down Rogue Judges’ Bid To Evade SCOTUS Migrant Ruling

The Federalist ^ | July 30, 2026 | Shawn Fleetwood

[Twotone]

A federal appellate court shot down on Wednesday attempts by a pair of rogue judges to sidestep a recent Supreme Court immigration ruling.

In its newly released orders, a three-judge panel on the 1st Circuit Court of Appeals overturned Massachusetts-based Judges Patti Saris and Brian Murphy’s administrative pauses against the Trump administration. Those directives sought to stop the government from ending Temporary Protected Status (TPS) for foreign nationals from South Sudan and Ethiopia, respectively.

The panel was comprised of Judges Julie Rickelman and Seth Aframe, both Biden appointees, and Joshua Dunlap, a Trump appointee.

Saris and Murphy’s actions were seen as an effort to effectively sidestep the U.S. Supreme Court, which sided with the administration on the TPS issue last month. In a 6-3 ruling by Justice Samuel Alito, the high court held that the TPS statute bars federal courts from reviewing non-constitutional claims against the government’s TPS decisions and further shot down a constitutional claim by one of the respondents that the president’s termination of TPS for Haitians was racially motivated.

CNN subsequently reported on Monday about challengers’ efforts to repackage their prior procedural arguments “into new constitutional claims or signaled plans to do so soon” in an apparent attempt to runaround Mullin. Saris and Murphy — the latter of whom has a track record of defying SCOTUS — indicated their administrative stays were issued to give challengers time to amend their initial complaints against the government.

The 1st Circuit panel said that its decision to reverse those postponement orders is “in light of” the Mullin v. Doe ruling.

“Mullin held that ‘the TPS statute’s judicial-review bar applies to all non-constitutional claims’ challenging the Secretary of Homeland Security’s determination with respect to the termination of a TPS designation. … Claims of that nature were the only basis for the postponement order on appeal,” the court ruled. “Accordingly, the government’s request for summary reversal is allowed. Its additional request for a stay pending appeal is denied as moot.”

The circuit panel additionally remanded the cases back to the district courts “for further proceedings in light of and consistent with Mullin.”

While favorable for the Trump administration, the Department of Homeland Security is warning that Wednesday’s rulings likely won’t mark the end of rogue judges’ efforts to runaround Mullin v. Doe. In response to the 1st Circuit’s reversal of Saris on X, DHS General Counsel James Percival noted that while the overturning of the district judge’s stay is a “great win to be sure,” Saris “already indicated that she would enter a new order postponing the termination on remand.”

“That is the absurdity we are facing,” Percival added.

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TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: 1stcircuit; migrants; scotus

[Gen.Blather]

Correct me if I’m wrong. I’d like to know.

Here’s my understanding of the court system. They have no enforcement power over the government. They rule and the government has always, with the possible exception of Andrew Jackson, done what the court ruled. If it ever happens that the government stops playing the game, then the court becomes a joke. Possibly that’s why the government plays the game because eventually they might need the courts?

[SuperLuminal]

Every time a judge gets rebuked by the courts for an attempt to ignore a SCOTUS ruling, that judge should have an “X” branded onto his/her forehead...

[odawg]

“Correct me if I’m wrong. I’d like to know.”

You are correct. The Executive Branch could tell the Judicial Branch (co-equal branches of government) to go to hell and there ain’t a thing the Judicial Branch can do. However, the democrats would squeal like stuck hogs and threaten impeachment.

The democrats stayed mute when Biden violated every immigration law on the books.

I have oftened wondered why the Trump administration doesn’t tell the Federal judges to cite from the Constitution their authority to rule in such matters.

A corrupt Congress can sometimes get away with dictating to the Executive Branch because it holds impeachment power.

[yefragetuwrabrumuy]

[Bob Wills is still the king]

“Correct me if I’m wrong. I’d like to know.”

You are correct. The Executive Branch could tell the Judicial Branch (co-equal branches of government) to go to hell and there ain’t a thing the Judicial Branch can do. However, the democrats would squeal like stuck hogs and threaten impeachment.

The democrats stayed mute when Biden violated every immigration law on the books.

I have oftened wondered why the Trump administration doesn’t tell the Federal judges to cite from the Constitution their authority to rule in such matters.

A corrupt Congress can sometimes get away with dictating to the Executive Branch because it holds impeachment power.”
___________________________________________________________

Read the “necessary and proper clause” and the discussions of it’s impact, along with the foundational law of Marbury v. Madison. https://www.archives.gov/milestone-documents/marbury-v-madison

[USCG SimTech]

Judges Patti Saris and Brian Murphy need to be arrested for contempt of (the Supreme) court. Federal charges, DOJ where are you?