Legal commentator and retired attorney Mark Pulliam warns that a group of federal judges in Boston is openly defying both the U.S. Supreme Court and the First Circuit Court of Appeals by continuing to block the Trump administration’s termination of Temporary Protected Status (TPS) for several countries despite what he described as a definitive ruling from the nation’s highest court.
During an appearance Monday on The Michael Patrick Leahy Show, Pulliam discussed the Supreme Court’s June decision in Mullin v. Doe, in which the justices ruled 6-3 that the Trump administration could end TPS protections for Haiti and Syria and that the statute generally bars judicial review of the Department of Homeland Security’s decisions to terminate TPS designations.
Pulliam explained that TPS is a humanitarian program created by Congress that allows nationals of designated countries to remain in the United States when conditions such as armed conflict or natural disasters make it unsafe to return home.
“The temporary protected status is a law that Congress passed that gives the president the ability to designate certain countries that are deserving of humanitarian relief on a short-term basis in the event of natural disasters, emergencies, et cetera, so that people, refugees from those countries, can come to the United States until the emergency is resolved,” he said.
After the Supreme Court upheld the administration’s authority to terminate TPS, Pulliam said several district court judges in Massachusetts nevertheless continued issuing administrative stays blocking the policy.
“You have Congress has established the precedent by enacting the statute. The Supreme Court has announced the authoritative interpretation of the statute, and in this case, what gets crazy is that you even have the First Circuit Court of Appeals… has come out and slapped down some of these rogue district judges in Boston, and now you have other rogue district judges in Boston who are even defying the First Circuit,” Pulliam said.
“So this is they are just off the reservation altogether. People have been calling this a mutiny, and that’s exactly what it is, a mutiny,” he added.
Pulliam specifically identified U.S. District Judges Brian Murphy, Patti Saris, and Allison Burroughs, arguing that they improperly used administrative stays after the Supreme Court’s ruling.
“The Supreme Court said of course he can,” Pulliam said of President Donald Trump’s authority to terminate TPS. “And then these district judges started granting administrative stays even after being rebuked by the Supreme Court, and an administrative stay is not something a district court can do.”
“That’s something the Supreme Court can do. It has plenary power over the entire judiciary,” he continued. “So this is sneaky, it’s underhanded.”
According to Pulliam, the First Circuit subsequently rejected similar orders issued by Murphy and Saris.
“The First Circuit… issued a decision in each of the cases that they were handling and said, ‘You can’t do that,’ that, ‘The Supreme Court has spoken. You do not have the authority to continue to resist the withdrawal of TPS status,'” Pulliam said.
However, Pulliam argued that Burroughs continued issuing similar relief in litigation involving Somalia.
“Even in the face of what had happened with the Supreme Court and the First Circuit, she last week continues to defy the Supreme Court by blocking the Trump administration’s termination of TPS status for Somalia by issuing one of these administrative stays, which is a sleight of hand,” he said.
Pulliam also referenced Tennessee U.S. Representative Andy Ogles (R-TN-05), who introduced impeachment articles against Burroughs.
“Andy Ogles vowed over the weekend that he’s gonna file articles of impeachment for Allison Burroughs because this is just outright judicial misconduct, that knowingly refusing to follow the law is something that you’re not a judge if you’re doing that. You are… a usurper,” Pulliam said.
Pulliam further criticized the attorneys representing the plaintiffs challenging the administration’s actions, including lawyers from Covington & Burling.
“They are colluding with these corrupt NGOs and these rogue judges to undermine Congress, undermine the Supreme Court, and undermine the First Circuit. This is outrageous,” he said.
Referencing comments by Article III Project Executive Director Will Chamberlain, Pulliam questioned whether Chief Justice John Roberts should intervene.
“These Democrat-appointed judges are demonstrating that they have no respect for the rule of law, no respect for national sovereignty or national borders, and utter contempt for the executive branch,” Pulliam said. “They are illegitimate, unelected policymakers who believe that their black robes entitle them to ignore controlling statutes, controlling Supreme Court decisions, and even controlling First Circuit decisions.”
“They are reckless, heedless, out-of-control political actors who have never stood for or won an election. They’re a disgrace to the federal bench and a threat to the Republic,” he added.
When asked whether the judges’ actions were impeachable, Pulliam replied, “Yes, they are.” He added, “Certainly when you take an oath that say, ‘I’m going to follow the law,’ and then you defy the law and do something contrary to the law you’re not being a judge.”
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Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network.
