CNN sued the White House Tuesday morning in U.S. District Court in Washington D.C. The news network claimed pulling Acosta's press pass violates his First and Fifth Amendment rights, saying, "Acosta's ability to perform his duties as CNN's Chief White House correspondent is effectively eliminated".
Speaking after the ruling, Ted Boutros, an attorney for CNN said the news organization is "extremely pleased with the ruling today".
"Fox News supports CNN in its legal effort to regain its White House reporter's press credential".
The White House yanked Acosta's credentials following a series of back-and-forths between President Trump and the reporter that culminated in an explosive exchange at a press conference the day after the midterm elections.
He noted that Sarah Huckabee Sanders offered two differing justifications for revoking the "hard pass" credentials from Acosta.
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Kelly did not address the First Amendment's protections for freedom of speech and the press, but instead focused on due process provisions of the Constitution that provide for fair treatment through a judicial process.
Kelly said that another example of the lack of due process was also evident because the decision to pull Acosta's pass was "so shrouded in mystery the government could not even say who made the decision" to do so.
"Our honest thanks to all who have supported not just CNN, but a free, strong and independent American press". They also said the administration failed to give Acosta a written explanation for the decision and an opportunity to rebut, something that was required by court precedent.
It's very possible the White House drops the case and instead comes up with some level of varying standards that could again be challenged by the press in court. "There's no First Amendment right to access the White House grounds", Burnham said. However, he said that "I must apply the precedent of this circuit as I see it". Though she originally cited Acosta's alleged physical behavior toward the intern, she now said he tried to "monopolize the floor" rather than "yield to other reporters".
The news network was seeking an immediate restraining order that would force the White House to hand back Acosta's credentials, which grant reporters access into the 18-acre complex.