The U.S. Supreme Court has ruled to keep the Trump-era border policy known as Title 42 in place for the time being.
Justices Ketanji Brown Jackson and Neil Gorsuch were the dissenters, taking the position that it’s not the job of the court to correct policy failures for an administration.
Leaving this policy in place will stem the tidal wave of migrants everyone is expecting if the policy is lifted.
FOX News reports:
Supreme Court justices issue scathing Title 42 dissent: ‘We are a court of law’
Supreme Court Justices Neil Gorsuch and Ketanji Brown Jackson made an unlikely team on Tuesday by issuing a dissent against the majority’s opinion to indefinitely keep Title 42 in place while the high court considers an argument from 19 mostly Republican-led states.
Those states challenged a district court’s ruling last month that would vacate Title 42, which was enacted by the Trump administration in March 2020 to allow officials to expel migrants on public health grounds.
Gorsuch, a Trump appointee, wrote the dissent and was joined by Jackson, who President Joe Biden nominated earlier this year.
The two justices argued that the Biden administration and Congress have failed to adequately address the immigration crisis that is likely coming after Title 42 is vacated, but they wrote that it is not the Supreme Court’s job to issue policies where elected leaders fail.
“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,” Gorsuch wrote.
If Title 42 is lifted, the situation at the border is going to get even crazier.
We saw record illegal immigration in 2022.
If Title 42 ends, it’s going to get even worse in 2023.
— Rep. Jim Jordan (@Jim_Jordan) December 27, 2022
Realistically, the SCOTUS ruling on keeping Title 42 in place for now is simply delaying the inevitable. T42 is not immigration law, it is a public health rule being used for immigration purposes.
It has to drop eventually, and the migrants waiting in MX aren’t going back home.
— Bill Melugin (@BillFOXLA) December 27, 2022
Biden will be remembered for his handling of the border, and not in a good way.