Posted on 12/27/2022 4:07:52 PM PST by bitt
Supreme Court Justice Neil Gorsuch formed an unlikely alliance with the high court’s three liberal justices on Tuesday in breaking with the majority’s decision to temporarily keep the Title 42 border policy in place.
“The current border crisis is not a COVID crisis,” Gorsuch said in his dissent, joined by Justice Ketanji Brown Jackson.
“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,” he added. “We are a court of law, not policymakers of last resort.”
While they did not join Gorsuch’s dissenting opinion, Justices Sonia Sotomayor and Elena Kagan noted that they would also deny the application from 19 Republican state attorneys general to keep the controversial, Trump-era immigration policy in place.
In a 5-4 decision on Tuesday, the high court granted the states’ request to temporarily block and expedite its review of a lower court ruling that ordered the Biden administration to end Title 42.
(Excerpt) Read more at thehill.com ...
Yes, but again, and I agree with what Gorsuch says, but refusal to hear any case involving the 2020 election meant that the voters cannot vote to elect legislators who will change the law so that the interest of the citizens is protected. As Holmes said, his job was to make sure the rules are followed. They were not in 2020.
Well there was a time when Gorsuch would have been praised by conservatives for this decision. You know the old not legislating from the bench thing we used to complain about. Then again the GOP congressional delegation makes the courts our only hope.
What he said, essentially, is that the Supreme Court should not be asked to continuously fix problems because the Congress doesn’t have the guts to address them.
Not sure why anyone would disagree with that.
I think you have an inaccurate view of the Court’s role. They don’t just “declare” stuff. They have zero ability to take proactive action on anything.
The courts exercised that today.
“...enforce the constitution in regards to it being the federal governments job to prevent foreign invasion. How about enforcing section 8 of US law...”
You have a misapprehension of the Court’s duties and powers.
“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,” he added.
The real problem is that Majorcas and Biden have not been impeached and removed for their willful disregard of the law and our borders.
There are multiple issues here, with Gorsuch being correct on this statement, and the others being correct on the Biden Administration apparently not ending Title 42 correctly...and claiming its basis still exists in other areas of law/regulation/fiat.
>>>>“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,” he added. “We are a court of law, not policymakers of last resort.”>>>>
Kind of a superficial shallow statement especially with an Administration that makes a living using policy to enforce unconstitutional action. Fool.........
Those dissenting appointments to the bench either were uninformed about, or chose to ignore, a most destructive invasion on the border. It is so large it is destructive to all countries involved and lethal to thousands.The weak, left behind by heartless family who come here as heartless. Does anyone think this through enough to know how horrible this is? Trafficking? Rape? Fraud? Abandonmenti desert. It is vicious.
Gorsuch is correct.
Stolen elections have consequences.
To tell you the truth, I do not trust Gorsuch, Kavanaugh, or Barrett, to side with the Constitution on major political issues. I suspect one or the other will always join the other side on major issues. They have “designated hitters” much like the GOP does on pending legislation.
However, Roberts is the one I trust the least. I think he decides his position based on political expediency and then has his law clerks come up with the law that can be twisted to support his position.
That should be expected. Kavanaugh and maybe Barrett would be expected there too.
Gorsuch is right. The so-called pandemic “emergency” is going on 3+ years now and thus can no longer be used as a justification for anything. Personally I think we need a statute that requires automatic sunset for Title 42 “emergency” actions unless ratified by Congress within 90 days, and at least annually thereafter. Either we are a country of laws or we are not.
That said there is an ongoing emergency at the border as we are reminded every night by the liberal MSM. Thousands cross illegally every day, along with narcotraffickers, etc. There are numerous statutes that provide the President and DHS with the power to maintain the border closure due to this emergency. See https://crsreports.congress.gov/product/pdf/LSB/LSB10283
“Gorsuch suggested in a dissenting opinion that the court’s decision to intervene seemed to be more related to the crisis at the border than the legal issues in the case, which concerns whether the states can intervene in defense of a pandemic-era policy, noting that the states “do not seriously dispute that the public-health justification under-girding the Title 42 orders has lapsed.”
“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,” he added.”
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I understand Gorsuch’s point and, he had a more reasoned opinion that the leftist justices to whom he joined in their opinion
However, the fact remains that the Federal government has a duty to secure our nation’s borders. They have not done so. In fact, they have encouraged illegal aliens to travel to the U.S. while risking their health, safety, and life. The illegal aliens’ insistence in crossing our border without official permission, along with the drugs and other criminal activity, puts not only border agents in danger, but the general populace as well.
There is a bigger physical danger which is to the citizens who are suddenly surprised by the home invasions that have become a weekly (or daily) event, along with the major danger and risk to which the local prosecutors now just shrug and say, “not much we could do”.
The largest election-related danger by far, is that these border towns will suddenly find they are overwhelmed with voter registration applications which will all be approved, and the voter-forms of those that received ten bucks or so for turning over their vote to democrats who will cast it according to their wishes.
I believe that there are federal laws that officially charge the President to keep the borders secure. Biden has failed at that charge, and should be impeached for that failure.
EXACTLY what I was thinking. Gorsuch’s vote was a vote for preservation of the 9 justices currently in place. He doesn’t want to give the lunatic left any more fodder to cry “PACK THE COURT!”
I didn’t know Title 42 was from covid, but Gorsuch is inconsistent with getting the SC involved in cases.
This is a block until the case is argued in February.
“as the choices had to be vetted by Senate Republican leader McConnell “
Well there ya go.
I’d imagine this is no different than the games Dems play with their Senate majority; once it is clear they have control, they can pretend the “maverick” Sinema is leaving the party - helps her keep her seat, with no real impact on the Dem agenda. Gorsuch was probably well aware the measure would fail before he played “centrist” on this one, and it didn’t change anything - they must remain in Mexico.
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