Federal appeals court reverses order requiring Border Patrol Commander Gregory Bovino to attend daily meetings with Judge Sara Ellis, citing separation of powers and personnel management issues.
A three-judge panel of the 7th US Circuit Court of Appeals has struck down an order by US District Judge Sara Ellis requiring Border Patrol Commander-At-Large Gregory Bovino to meet with her every weekday evening to discuss federal immigration agents' use of force in Chicago. The decision comes after the court temporarily blocked the original order on Wednesday.
In appealing the order, lawyers for the government argued that it "far exceeds the recognized bounds of discovery" and "significantly interferes" with Bovino's function as commander. They claimed the meetings were "untethered to the plaintiffs' underlying claims" and went beyond reasonable necessity to comply with existing court orders.
The court found that Ellis' order would place Bovino in a position of an "inquisitor rather than a neutral adjudicator," which is not within the scope of her authority. The judges also stated that the order would intrude into personnel management decisions of the Executive Branch, which is related to the separation of powers.
Bovino had initially agreed to meet with Judge Ellis after a hearing on Tuesday over claims that he and other federal agents violated a temporary restraining order prohibiting the use of tear gas and other riot control measures during Operation Midway Blitz in Chicago. The government had instructed Bovino to attend daily meetings as part of the lawsuit.
The appeals court's decision permanently blocks those meetings, effectively ending the requirement for Bovino to meet with Judge Ellis on a daily basis.
A three-judge panel of the 7th US Circuit Court of Appeals has struck down an order by US District Judge Sara Ellis requiring Border Patrol Commander-At-Large Gregory Bovino to meet with her every weekday evening to discuss federal immigration agents' use of force in Chicago. The decision comes after the court temporarily blocked the original order on Wednesday.
In appealing the order, lawyers for the government argued that it "far exceeds the recognized bounds of discovery" and "significantly interferes" with Bovino's function as commander. They claimed the meetings were "untethered to the plaintiffs' underlying claims" and went beyond reasonable necessity to comply with existing court orders.
The court found that Ellis' order would place Bovino in a position of an "inquisitor rather than a neutral adjudicator," which is not within the scope of her authority. The judges also stated that the order would intrude into personnel management decisions of the Executive Branch, which is related to the separation of powers.
Bovino had initially agreed to meet with Judge Ellis after a hearing on Tuesday over claims that he and other federal agents violated a temporary restraining order prohibiting the use of tear gas and other riot control measures during Operation Midway Blitz in Chicago. The government had instructed Bovino to attend daily meetings as part of the lawsuit.
The appeals court's decision permanently blocks those meetings, effectively ending the requirement for Bovino to meet with Judge Ellis on a daily basis.