The United States Supreme Court ruled today to keep Title 42 in place. The ruling came down to a 5-4 vote, with Justice Gorsuch siding with the more liberal justices. Under the Biden administration, the law was set to expire on December 20th, but in a previous court ruling, the decision to rule on its continuance by SCOTUS was moved to December 27th instead.
The court’s brief shadow-docket order, along with a two-page dissent written by Gorsuch, is here: https://t.co/btzyUwibkp
In February, oral arguments are expected next year about whether red states can intervene in litigation over the Trump-era border policy. The archaic law originated as a World War II-era public health order meant to prohibit entry into the United States if the Centers for Disease Control and Prevention believed it could introduce infectious diseases into the country. CDC officials invoked Title 42 at the start of the coronavirus pandemic in March 2020. Title 42 was implemented under the Trump administration and has continued under the Biden administration. It allows U.S. Border Patrol agents and U.S. Customs and Border Protection officers to immediately expel migrants from the U.S. without giving them a chance to request asylum.