The Supreme Court voted today to keep Title 42 in place, overruling a lower court’s ruling that the policy should be ended.
The vote on the Supreme Court was 5-4, with Gorsuch joining the three liberals on the court.
BREAKING: Supreme Court keeps in place Title 42, a Trump-era immigration policy allowing asylum-seekers to be quickly turned away at the border, putting a judge’s ruling that would have ended it last week on hold. https://t.co/YY3OCHsVrP
— NBC News (@NBCNews) December 27, 2022
Here’s more from NBC News:
The Supreme Court on Tuesday allowed Title 42 — a Trump-era immigration policy implemented when the pandemic broke out to quickly expel asylum-seekers at the border — to remain in effect for now, putting a judge’s ruling that would have ended it last week on hold.
The court voted 5-4 to grant an emergency request by 19 Republican state attorneys general who sought to intervene in defense of the policy. The decision puts on hold a ruling by Washington-based U.S. District Judge Emmet Sullivan, who said the Centers for Disease Control and Prevention’s implementation of the policy was “arbitrary and capricious.” Sullivan’s ruling was due to go into effect Dec. 21.
Conservative Justice Neil Gorsuch joined the three liberals on the court in voting against the stay request. The brief court order said that while the administration cannot set aside the Title 42 policy, the decision “does not prevent the federal government from taking any action with respect to that policy.”
The Supreme Court also agreed to hear oral arguments in February and rule on whether the states can intervene, with a decision due by the end of June.
Sullivan is the jerk judge who refused to allow the DOJ to drop their case against Michael Flynn. Of course he’d be the one to kill the policy even while legal challenges are underway.