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Title 42 remains for now

The Supreme Court demands a plan

Chief Justice John Roberts joined four conservative justices in temporarily overruling the lower court’s end to the policy. Justice Neil Gorsuch dissented with the three liberal justices. “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,” Gorsuch wrote in the minority opinion. “We are a court of law, not policymakers of last resort.”

The Supreme Court will hear arguments in February about whether the states may challenge the District Court’s order to end Title 42.


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