Conservative Supreme Court Justice Neil Gorsuch has sided with liberals in a 5-4 vote on Tuesday that would delay the trial court order on whether or not Trump-era policy Title 42 should be vacated. The health policy meant to target the spread of the COVID-19 virus was originally supposed to end in December following a court order, however, the Supreme Court has allowed the policy to remain active until the court challenge against its termination is settled.
Gorsuch in his dissent noted that the “border crisis is not a COVID crisis.”
Title 42 previously allowed the expulsion of migrants on the grounds of stopping the spread of the virus. However, the federal government terminated orders relating to the pandemic this past April when they were deemed no longer needed or appropriate. Gorsuch was joined by Justice Ketanji Brown Jackson in his dissent.
Gorsuch added that it is not the Court’s role to maintain “administrative edicts designed for one emergency only because elected officials have failed to address a different emergency.” He added, “We are a court of law, not policymakers of last resort.”
In a statement following the Supreme Court’s decision the White House press secretary Karine Jean-Pierre wrote that the administration would comply with the Court’s decision and that they would prepare for the Court’s decision which is expected to come in February.
She added that simultaneously they would be working on how to best prepare for managing the border following the end of Title 42, while simultaneously allowing for avenues for legal pathways for immigration.