Schiff v. Trump
- Laura Swain
- 1:25-cv-01102
- U.S. District Court · Southern District of New York
- 1
In Schiff v. Trump, Judge Swain dismissed the action without prejudice because plaintiffs violated a prior bar order and denied appeal fee-waiver status.
The plaintiffs' action was dismissed without prejudice, and they were denied fee-waiver status for purposes of an appeal. The opinion does not state how the ruling affects the defendants beyond ending this action.
What happened
In Schiff v. Trump, the plaintiffs sued President Donald J. Trump and Vice President J.D. Vance. The opinion does not explain the underlying claims.
The court dismissed the action without prejudice because the plaintiffs failed to comply with a November 25, 2013 bar order. This means the dismissal did not itself bar a new filing.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied fee-waiver status for an appeal. The ruling was dated February 19, 2025.
The detailed version
- Schiff v. Trump · No. 1:25-cv-01102
- Laura Swain
- Feb. 19, 2025
Background
The plaintiffs named in the caption are U.S. Senator Adam Schiff, DMT Mactruong, Jack Smith, U.S. Senator Elizabeth Warren, Alvin L. Bragg, Jr., U.S. Senator Cory Booker, U.S. Senator Rand Paul, U.S. Representative Alex. Ocasio-Cortez, and U.S. Senator Bernie Sanders. The defendants are President Donald J. Trump and Vice President J.D. Vance. The opinion does not describe the claims or the underlying dispute.
Ruling
For the reasons given in the Court's February 18, 2025 order, the Court dismissed the action without prejudice because the plaintiffs failed to comply with a November 25, 2013 bar order. The opinion does not provide the bar order's terms. “Without prejudice” means the dismissal itself does not bar refiling.
The Court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied fee-waiver status for purposes of an appeal. The opinion cites the Supreme Court's decision in Coppedge v. United States in connection with that certification.
Disposition
The action was dismissed without prejudice, and fee-waiver status for an appeal was denied. The order was signed by Chief United States District Judge Laura Taylor Swain and dated February 19, 2025.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.