Wednesday, December 28, 2022

Not Policymakers

But the current border crisis is not a COVID crisis.  And 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.  We are a court of law, not policymakers of last resort.

-- Supreme Court Associate Justice Neil Gorsuch, dissenting in Arizona et al v Secretary of Homeland Security, in which the majority left in place Title 42 restrictions on immigrants seeking asylum, pending further hearings, 27 December 2022

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