This week, the Supreme Court ruled that Title 42 can remain in place until February.
Quite honestly, it was a bit of a surprising decision.
This was a COVID rule that was put in place and most expected it to be ended rather than extended.
That was at the heart of Justice Gorsuch’s dissent against the decision to take the case and hear arguments in February.
We Do Not Make Laws
You could detect the anger in Gorsuch’s dissent.
He wrote, “The only means left to mitigate the crisis, the States suggest, is an order from this Court directing the federal government to continue its COVID-era Title 42 policies as long as possible—at the very least during the pendency of our review.
“For my part, I do not discount the States’ concerns.
“Even the federal government acknowledges ‘that the end of the Title 42 orders will likely have disruptive consequences.’
“But 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.
“We are a court of law, not policymakers of last resort.”
It will not be a popular opinion, but I think Gorsuch is legally correct here.
Because Title 42 was enacted as a health rule during COVID, it should have already ended.
And before people lose their minds here, let’s not pretend that Biden is enforcing the rule in every case.
If you look at deportation numbers compared to approved asylum cases, it is pretty evident that in the majority of cases, Biden is NOT following Title 42 anyway.
This is a congressional failure, not a Supreme Court failure.
Source: Fox News
