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Supreme Court Rules for Trump on Judges Speech Policy

Published 26 May 2026

The U.S. Supreme Court on Tuesday sided with the Trump administration in a procedural ruling concerning a policy that restricts public speeches by federal immigration judges. The unanimous decision reversed a lower court ruling and returned the case for further proceedings, without addressing the underlying constitutional questions about the policy.

The dispute centers on a policy, enacted during former President Donald Trump's first term and maintained under President Joe Biden, that requires immigration judges to obtain supervisory approval before delivering public speeches related to their official duties. The policy is administered by the Executive Office for Immigration Review, which employs approximately 750 immigration judges. The National Association of Immigration Judges filed a lawsuit in 2020, arguing the requirement violates the First Amendment rights of its members.

A federal district court initially dismissed the lawsuit, citing the Civil Service Reform Act of 1978. That law generally requires federal employees to bring work-related complaints through an administrative review scheme, first to the Office of Special Counsel and potentially to the Merit Systems...

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