He was a Peace Corps volunteer in São Paulo, Brazil, from 1966 to 1968. He was in private practice in Washington, D.C., from 1969 to 1971. He was in private practice in Chevy Chase, Maryland, from 1971 to 1985.[2]
Judicial career
State judicial service
In 1982, after sixteen years in private law practice, Messitte ran for a seat on the Maryland Circuit Court for Montgomery County; he lost the race, but Governor Harry R. Hughes appointed him to the court in 1985.[3] He served on the bench until he was appointed to the federal bench in 1993.[2] On the state court, Messitte issued an order in 1989 that temporarily halted a shopping mall proposal in Silver Spring. He also presided over the bench trial of Montgomery County police officer Christopher J. Albrecht, who was convicted of involuntary manslaughter.[3] Messitte also wrote many articles on the impact of AIDS on the criminal justice system, and participated in a reform of Maryland's adoption laws.[3]
In 2014, in a trademark case brought by Barrett Green against the Washington Redskins (Green v. Pro Football, Inc. d/b/a The Washington Redskins), Messitte banned the use of the controversial slur "Redskins") in his courtroom and in court documents, "unless reference is made to a direct quote where the name appears."[5][6]
In 2018, in the case D.C. and Maryland v. Trump, Messitte denied Donald Trump's motion to dismiss a lawsuit brought by Maryland and the District of Columbia against Trump alleging violation of the Domestic Emoluments Clause and Foreign Emoluments Clause of the U.S. Constitution.[7] A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit dismissed the case in July 2019, with the panel ruling that the Maryland and D.C. attorneys general lacked legal standing to sue.[8] All three judges were appointed by Republican presidents.[9] However, the full court vacated the panel decision, and voted to rehear the appeal en banc.[10][11] In a May 2020 decision, the full Fourth Circuit rejected Trump's attempt to have the case dismissed on the grounds of "presidential immunity" by a 9-to-6 majority, reviving the lawsuit.[12]
Messitte was assigned to preside over a challenge to the Purple Line (a light rail line to be built in Maryland), but he recused himself in 2020 because his home is near a future Purple Line station.[13]
In HIAS Inc. v. Trump (2020), Messite issued a nationwide preliminary injunction blocking Trump's executive order that required refugee-resettlement organizations to obtain letters of consent from states and local jurisdictions before settling refugees. Ruling in favor of Church World Service, Lutheran Immigration and Refugee Service, and HIAS, Messite found that giving governors and other state and local officials "the power to veto where refugees may be resettled" contravened the Refugee Act of 1980's text, structure, purpose, and congressional intent, and also was a likely violation of the Administrative Procedure Act. Messite also ruled that the executive order "does not appear to serve the overall public interest" but "granting the preliminary injunctive relief Plaintiffs seek does."[14][15][16] The Fourth Circuit affirmed Messitte's order.[17]
