Supreme Court Orders Title 42 Border Restrictions to Remain in Place; Court Keeps Title 42 In Place While Legal Challenges Play Out; Gorsuch Joins Three Liberal Justices on Supreme Court’s Title 42 Decision

Supreme Court orders Title 42 border restrictions to remain in place

The U.S. Supreme Court on Tuesday ordered the controversial Trump-era Title 42 border policy to remain in place for the time being.

In a 5-4 vote, the high court reversed an order from a federal judge in Washington, D.C., who ruled last month that the border policy must end.

The court’s ruling comes in response to an emergency request filed by 19 Republican state attorneys general asking to maintain the policy, which was scheduled to expire this week.

Conservative Justice Neil Gorsuch joined all of the Supreme Court’s liberal justices in siding against the order allowing Title 42 to stay in effect.

Gorsuch said in a dissenting opinion that “the current border crisis is not a COVID crisis.”

“And courts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency,” he wrote. “We are a court of law, not policymakers of last resort.” —>READ MORE HERE

Supreme Court keeps Title 42 in place while legal challenges play out:

The Supreme Court blocked a lower court order Tuesday ending the Trump-era Title 42 health policy — setting up a complex legal battle that could take several months to resolve.

The court’s unsigned order extended a stay put in place by Chief Justice John Roberts last week and ordered time carved out this spring to hear the case brought by 19 Republican-led states.

The issue that will come before the high court is a technical one: Whether the states had the right to intervene in a lawsuit brought by the American Civil Liberties Union and other organizations against the Biden administration on behalf of migrants.

In response to that lawsuit, Senior US District Judge Emmet Sullivan last month ordered Title 42 — which allows the summary expulsion of migrants on public health grounds without first hearing their asylum claims — ended on Dec. 21.

The states argue that they should be able to step in on the grounds that the Biden administration abandoned its defense of the policy. In a filing last week, the Justice Department argued that Title 42 had “outlived its public-health justification.”

“The Supreme Court’s order today keeps the current Title 42 policy in place while the Court reviews the matter in 2023,” White House press secretary Karine Jean-Pierre said in a statement. “We will, of course, comply with the order and prepare for the Court’s review.” —>READ MORE HERE

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+++++Gorsuch joins three liberal justices on Supreme Court’s Title 42 decision+++++

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