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2022-07-01 -Signs, Portents, and the Weather-
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Supreme Court Gives Biden Administration a (Temporary?) Win on Immigration with Final Decision of Term
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[VolohConspiracy] Chief Justice Roberts final opinion of the term rejects the statutory challenge to the Biden Administration's rescission of the "Remain in Mexico" policy.
This morning Chief Justice Roberts delivered a gift to the BIden Administration with the final opinion in an argued case this Supreme Court
 ...the political football known as The Highest Court in the Land, home of penumbrae and emanations...
term in Biden v. Texas. In a 5-4 decision, the Court concluded it had jurisdiction to hear the case and rejected a statutory challenge to the Biden Administration's rescission of the Trump Administration's Migrant Protection Protocol, aka the "Remain in Mexico" policy. The case is now remanded back to the lower courts for additional proceedings, including other challenges to the policy change.
Chief Justice Roberts wrote for a 5-4 Court, joined by the Court's liberals and Justice Kavanaugh, who also wrote a concurrence. Justice Alito wrote a dissent joined by Justices Thomas and Gorsuch. Justice Barrett also wrote a dissent joined by the Justices Thomas, Alito, and Gorsuch, save for the first sentence of her opinion ("I agree with the Court's analysis of the merits—but not with its decision to reach them.").
Note this indicates the Biden Administration's victory may be short-lived, as Texas and others may still pursue their APA challenges to the policy, including arguments that the Administration failed to provide an adequate explanation for the policy decision. Justice Kavanaugh stresses the point in his concurrence. So the Biden Administration is not out of the woods yet. Expect Texas, et al., to really hone their State Farm arguments on remand. 
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Posted by trailing wife 2022-07-01 00:00||
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Front Page|| [9 views ]
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File under: Migrants/Illegal Immigrants
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