> 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.
TaosMesaRat t1_j1z26ih wrote
Reply to comment by twdarkeh in Supreme Court leaves in place Title 42 border policy for now by monstertruckbackflip
> 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.