Biden Just Received the Bad News

In what can only be described as a body-blow to the Biden-Harris regime: the Supreme Court of the United States has upheld the judgment of a Texas Judge and the Fifth Circuit Court requiring the Federal Government to honor an agreement with Texas and keep President Trump’s “Remain in Mexico” policy for asylum seekers in place. When only a few years ago, the leftists cheered as SCOTUS ruled that Trump couldn’t reverse President Obama’s Deferred Action for Childhood Arrivals or DACA policy, they are vehemently decrying a ruling against them using the exact same standard.

Biden Border Policy Change: “Arbitrary and Capricious”-SCOTUS

In the case of Biden Et. Al. v. Texas, Et. Al. the high court ruled that the administration,

“failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious.”

The court more or less saying the Biden-Harris regime couldn’t prove that their reversal of Trump’s policy wasn’t merely based upon a political whim. Judicially speaking that’s a pretty sweet burn.


This is precisely the same standard that the court applied to the Trump administration in Department of Homeland Security v. Regents of Univ. of Cal., 591 U. S. (2020), when they ruled that the reversal of DACA was “arbitrary and capricious” in violation of the Administrative Procedure Act (5 USC Ch. 7 §706).

(Author’s Note: For the record, at the time DACA was upheld by SCOTUS in 2020, many conservatives, this writer included, rejected the notion that a sitting president cannot reverse a predecessor’s executive orders even for reasons of arbitrariness or capriciousness. This is still the author’s view. But turnabout is fair play, and it’s fun to watch the Dem-Socialists get hoisted by their own petard.)

President Trump’s “Remain in Mexico” policy requires that all asylum seekers at the southern border stay in Mexico while they await hearings in American immigration courts rather than the Obama-era policy of “catch and release” which resulted in hundreds of thousands of no-shows in court.

The DHS Objects- Will They Obey SCOTUS?

The Department of Homeland Security has made a statement disagreeing with the Supreme Court’s ruling on pretty harsh terms,

“The Department of Homeland Security respectfully disagrees with the district court’s decision and regrets that the Supreme Court declined to issue a stay,” the statement said. “DHS has appealed the district court’s order and will continue to vigorously challenge it.  As the appeal process continues, however, DHS will comply with the order in good faith.  Alongside interagency partners, DHS has begun to engage with the Government of Mexico in diplomatic discussions surrounding the Migrant Protection Protocols (MPP).”

“DHS remains committed to building a safe, orderly, and humane immigration system that upholds our laws and values.  DHS continues to process individuals in accordance with U.S. law and our mission.  Pursuant to the CDC’s Title 42 public health order, DHS continues to expel single adults and families encountered at the Southwest Border.”

The question is: will the Biden White House, which in a shocking end-run around the Court: simply re-issued the CDC’s Moratorium on Eviction AFTER it was ruled unconstitutional by Justice Neil Gorsuch, obey the court now? This is a rogue regime, thrust into power through a demonstrably, prima facie unconstitutional election which has proven its unabashed willingness to completely ignore any laws or rulings that do not comply with their political narratives. What guarantee do we have that they will obey the Supreme Court’s ruling here?

The answer is: we have no such assurances. We have an illegal, unconstitutional government that has usurped the power of the American people, to expect it to suddenly act legally in accordance with the Constitution is madness. It falls to patriots in Congress and the States to make every possible legal effort to stymie and thwart the hostile Federal Government at every turn until in 2022 and 2024 the American people can reassert control and oust the renegade, authoritarian Democrat-Socialist regime.

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