A reminder than John Roberts might be a pragmatic Republican hack but he’s still a Republican hack:
The Supreme Court on Tuesday blocked the Biden administration’s plans to end a pandemic-era policy allowing the quick expulsion of migrants from U.S. borders without the opportunity to seek asylum.
The Trump-era policy, known as Title 42, had been set to expire last week, but Chief Justice John G. Roberts Jr. paused that plan to give the high court time to weigh the issue.
In Tuesday’s order, five conservative justices sided with Republican officials in 19 states, including Texas and Arizona, who sought to maintain Title 42, which has been used to expel migrants more than 2 million times since it was implemented in March 2020.
But the court’s action was temporary, and it will consider in February whether the states had the legal standing to intervene in the dispute.
White House press secretary Karine Jean-Pierre said the administration will comply, but said “Title 42 is a public health measure, not an immigration enforcement measure, and it should not be extended indefinitely.”
The decision to require the administration to keep enforcing Title 42 is so indefensible as to compel an appearance by the Sporadic Principles of Neil Gorsuch (joined by Jackson, the other two liberals dissenting without comment):
As bad as the decision is on its face, it’s far more ridiculous in the context of the Court’s other COVID rulings. But “a policymaker of last resort” is all this Court is.