The U.S. Supreme Court has rejected a lawsuit filed by a number of Republican states to prevent the Biden administration from terminating the Title 42 mandate that permitted the rapid deportation of the vast majority of unlawful immigrants.
The rule, implemented by then-President Donald Trump as the COVID-19 pandemic began to spread across the country and the globe, was one of several border security policies credited with lowering the illicit crossing rate to 45-year lows. The states led by the GOP argued that the Biden administration improperly implemented its decision to terminate the program.
“The December 16, 2022 order of the United States Court of Appeals for the District of Columbia Circuit denying petitioners’ motion to intervene is vacated, and the case is remanded to that court with instructions to dismiss the motion as moot,” the nation’s highest court wrote in its decision on Thursday, according to Fox News.
The order resulted in the expulsion of more than two million illegal immigrants, the news source added.
Initially, the Biden administration intended to terminate the Title 42 order in 2022, but faced opposition when Republican states filed an appeal against the decision. Consequently, a lawsuit filed by the ACLU resulted in a December court order to terminate Title 42.
In response to a request from 19 Republican-majority states, the Supreme Court granted a suspension. According to Fox News, the states argued that they should be permitted to intervene and challenge the summary judgment order.
Initially, it was anticipated that the court would issue a ruling in the spring, but the Biden administration later announced that the COVID-19 emergency declaration and Title 42 would expire on May 11. Since the order would inevitably expire, the high court removed the oral arguments from the appeal’s schedule.
JUST IN: Supreme Court dismisses defense of Title 42 migrant policy.
Neil Gorsuch: “Since March 2020, we may have experienced the greatest intrusion on civil liberties in the peacetime history of this country… leaders imposed lockdown orders…shuttered businesses and schools.” pic.twitter.com/v9T1AYr79D
— Michael P Senger (@michaelpsenger) May 18, 2023
In the decision, Justice Neil Gorsuch compared the legal wrangling over Title 42 to “head-spinning” and said the court was placing “a final twist on the tale.”
“Apparently, these developments are enough to persuade the Court that the Title 42 orders the government wished to withdraw a year ago are now as good as gone and any dispute over them is moot,” he wrote.
In addition, Gorsuch argued that the case “illustrated the disruption we have experienced over the last three years in how our laws are made and our freedoms are observed.”
“Since March 2020, we may have witnessed the greatest violation of civil liberties in the country’s peacetime history… Leaders issued security directives…Businesses and institutions have closed,” he wrote.
“Doubtless, many lessons can be learned from this chapter in our history, and hopefully serious efforts will be made to study it. One lesson might be this: Fear and the desire for safety are powerful forces,” he said.
Continued, Gorsuch added this potent passage: “They can lead to a demand for action — almost any action — as long as someone takes steps to address a perceived threat. A leader or expert who claims he can repair everything if we simply follow his instructions can be an irresistible force. We do not need to be confronted with a bayonet in order to forsake the courtesy of requiring our legislative representatives to adopt laws and accept rule by decree.
More on this story via Conservative Brief:
While at times, executive action “is sometimes necessary and appropriate,” Gorsuch went on to warn that excessive actions are a threat to liberty and constitutional protections. CONTINUE READING…