The Supreme Court is manipulating its own calendar to lock GOP policies in place

[In It to Win It]

Vox

On Tuesday, the Supreme Court handed down a one-page, 5-4 decision extending the life of a Trump-era border policy known as Title 42, which expels numerous immigrants seeking to enter the United States using an expedited process.

That decision came in Arizona v. Mayorkas, and is typical behavior from the Supreme Court — or, at least, is reflective of this Court’s behavior since a Democrat moved into the White House at the beginning of 2021. It’s the latest example of the Court dragging its feet after a GOP-appointed lower court judge overrides the Biden administration’s policy judgments, often letting that one judge decide the nation’s policy for nearly an entire year.

The Title 42 program, which the Biden administration determined must be terminated last May, will now likely remain in effect for several more months due to the Court’s decision. Indeed, even if the Court ultimately decides that the administration should prevail in this case, the Court is unlikely to lift its order extending this Trump-era program until June. And that delay may be the best-case scenario for the Biden administration — and for the general principle that unelected judges aren’t supposed to decide the nation’s border policy.

Moreover, the current situation differs sharply when Republican President Donald Trump was in office, and the Court frequently raced to reinstate Trump’s policies within mere days.

Link to tweet

[Hekate]

1. The stench of political hackery wins the day again

[gratuitous]

2. A Republican President can declare an emergency

But his Democratic successor can't declare the emergency over. Only the Supreme Court can do that, apparently.

I'm so old, I remember the Supreme Court being an absolute bear on the separation of powers. I wonder how the Roberts Court will react if or when one of the other two branches of government overrides one of their orders?