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May 26, 2026court decisionimmigration policycivil service lawFirst AmendmentSupreme Courtjudicial independenceimmigrationfree speech

SCOTUS Per Curiam Vacates 4th Circuit in Margolin v. NAIJ on Party-Presentation Grounds

The Supreme Court issued a unanimous per curiam opinion on May 26, 2026 vacating the 4th Circuit judgment in Margolin v. NAIJ and remanding for further proceedings. The Court held that the 4th Circuit violated the party-presentation principle by raising the CSRA jurisdictional argument sua sponte when neither DOJ nor NAIJ had briefed or argued it. The decision did not resolve whether the CSRA bars district court jurisdiction over NAIJ's claims or address the First Amendment merits of the speech restrictions — leaving both questions open on remand.