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twdarkeh t1_j1wui5i wrote

Reply to comment by snowcone_wars in Supreme Court leaves in place Title 42 border policy for now by monstertruckbackflip

>they were also woefully unprepared for how bad the situation actually is, and therefore that their replacement plans need to be reworked to fit this reality.

This is irrelevant to the matter at hand, and your entire comment ignores the legal problems with this ruling, and the court in general. Title 42 requires HEALTH emergency, such as COVID. Extra migrants is NOT a health emergency. Thus Title 42 should be revoked.

That the alternatives are all subpar and unideal doesn't matter; Gorsuch is right: as a matter of law, if the executive wants to end a policy set forth by the executive, then the courts have no place to intervene. It's a clear abuse of the separation of powers, and the court is proclaiming itself the de facto executive.

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dravik t1_j1x7bsu wrote

Those are arguments that will be made at the appropriate time. SCOTUS didn't decide that, they only decided if they should stay its enforcement while those arguments happen. Considering the administration has nothing to replace it with, and doesn't plan to replace it anytime soon, theres no reason for a stay since the stay would have little to no effect.

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TaosMesaRat t1_j1z26ih wrote

> if the executive wants to end a policy set forth by the executive, then the courts have no place to intervene. It's a clear abuse of the separation of powers, and the court is proclaiming itself the de facto executive.

This is not accurate. The power that the executive is exercising comes from Congress (Title 42 of United States Code) and is subject to modification by other acts of Congress. This is exactly why we have courts - to settle matters of interpretation among statutes when the executive exceeds its authority or fails to fulfill another obligation that is mandated because of how its authority is used.

I'm not saying this particular decision is right, only that in general many acts of the executive branch are only possible because of delegation of authority by the legislative and we need the judicial to sort out when things go wrong.

I do agree with Judge Sullivan that Title 42 expulsions violate the Administrative Procedures Act. There are other less burdensome ways to protect the public health. We don't require masking or COVID testing for citizens who return from abroad, including the countries where immigrants originate. It is an abuse of authority to summarily deport those immigrants under the guise of protecting public health in this case.

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