Supreme Court dismisses Arizona Title 42 case
Brady Knox
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The Supreme Court dismissed a case that sought to keep Title 42 in place.
The dismissal was expected after the Department of Justice said that the case would be moot following the expiration of Title 42 on May 11. The final decision for Arizona v. Mayorkas came somewhat earlier than expected, however, as the Supreme Court previously indicated the decision would come over the summer.
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In their ruling, the justices accepted the DOJ’s argument that Title 42 was no longer necessary due to the end of the COVID-19 pandemic. The DOJ also claimed in its February filing that it was putting other provisions in place to manage the potential surge of immigrants.
The ruling argued that Justice Ketanji Brown Jackson “dissents from the vacatur of the order of the United States Court of Appeals for the District of Columbia Circuit and would instead dismiss the writ of certiorari as improvidently granted.”
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Justice Neil Gorsuch warned against what he saw as increasingly using the court for more emergency regulations, saying it had the capability to endanger civil liberties.
To replace Title 42, the DOJ instituted Title 8, under which officials can deport any immigrant with a criminal record and those who violate “any law or regulation of a State, the United States, or a foreign country relating to a controlled substance.”