Conservative states ask Supreme Court to keep Title 42, the Trump-era policy that allows migrants to be expelled over public health concerns
and the Biden administration extended parts of the policy in August 2021.
In April of this year, the Biden administration moved to terminate the policy, asserting that while earlier phases of the pandemic "required extraordinary actions," advances in vaccines and therapeutics allowed the country to embrace"more normal routines." The move prompted lawsuits and, in May, a federal judge in What have courts said about Title 42?
While the Louisiana case over Biden's effort to wind down the policy was pending at the U.S. Court of Appeals for the 5th Circuit, another federal court in Washington, D.C., tossed out the underlying policy. U.S. District Judge EmmetSullivan also ruled that his decision would not take effect until Wednesday, giving the government time to prepare. Biden appealed the ruling – even though the administration opposes relying on Title 42 now – because it wants to.
Conservative states then stepped in, seeking to be a part of the lawsuit and temporarily block Sullivan's ruling. Late Friday, a three-judge panel of the U.S. Court of Appeals for the . Two of the appeals court judges were nominated by Democratic presidents and a third was a Trump appointee. It is that decision the states are now appealing to the Supreme Court.The states are asking the Supreme Court to move more quickly than it normally does, even on emergency matters. The court has recently issuedafter getting such requests, giving the parties more time to submit their written arguments.
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