Haven’t read the opinion yet, but IIRC, the previous issue was that Biden hadn’t followed the Administrative Procedures Act, which is basically a time delay for notice and comment.
IMO, that entire APA thing elevates the administrative state over the elected institutions. The rock bottom responsible institution here is Congress. Congress is not demanding that the border be protected, and is not rquiring POTUS to defend the country against invasion.
In other words, what is going on is a silence is approval invasion. Congress approves of the situation at the border. This is a decades old issue, Reagan and before. when the issue is brough up in Congress, it is for the purpose of granting amnesty.
It certainly isn’t the court’s fault that the border isn’t enforced, although a few court decisions have provided legal protection for invaders and also have acted to encourage invasion (entitled to public education, Plyler v. Doe).
“””Haven’t read the opinion yet, but IIRC, the previous issue was that Biden hadn’t followed the Administrative Procedures Act, which is basically a time delay for notice and comment.”””
That is my understanding.
Mike Davis from the Article 3 Project was just on War Room and he gave a concise history of this issue from the time Obama issued his DACA Exec Order.