Opinion, Postponement, or DIG 

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Opinion, Postponement, or DIG
Washington, D.C. (June 29, 2022) - The Supreme Court of the United States (SCOTUS) will be finishing out its term July 30, and the Court has not yet issued an opinion in the case Biden v. Texas ([link removed]) — a challenge by plaintiff states to the Biden administration’s attempts to rescind the Migrant Protection Protocols ([link removed]) (MPP), better known as “Remain in Mexico”. Interested parties are anticipating a decision in the case tomorrow, but it is conceivable that the Court will postpone the decision until the fall or dismiss the government’s petition (DIG, in court jargon).

Andrew Arthur, the resident fellow in law and policy at the Center for Immigration Studies, has referred to Texas as the “Most Significant Immigration Case — Ever” ([link removed]) . Tied up in the matter are various weighty issues, including the ability of states to sue to block or compel the federal government to act on immigration matters, the jurisdiction of the inferior courts (the district and circuit courts), and the ability of the executive to simply refuse to enforce the immigration laws.

Arthur provides a summary and analysis of the case before predicting the outcome. He lists multiple reasons for his prediction that there will likely be a postponement or a dismissal - from questions asked during oral arguments, additional briefs requested, the opinion issued in Garland v. Aleman Gonzalez ([link removed]) and a companion case, Garland v. Flores Tejada, to DOJ filing an errata page with the Court (certain evidence that had been previously filed with the Court was in error) to the Court issuing an unusual press release on June 29 ([link removed]) , which stated: “This Court will announce all remaining opinions ready during this Term of Court on Thursday, June 30, 2022, beginning at 10 a.m.” (Emphasis added.)

Arthur said, “If the Court rules in favor of the plaintiff states, or if the case is dismissed or postponed, we will continue to have some transparency from the Biden administration. When the U.S. District Court judge in the Texas ([link removed]) case enjoined the Biden administration’s termination of MPP, he required, to ensure compliance, DHS to report monthly on the number of CBP encounters at the Southwest border, the number of aliens expelled pursuant to public-health orders ([link removed]) issued by CDC under Title 42, and the number released into the United States. This requirement will continue, but only if the opinion is in favor of the plaintiff states, the matter is postponed, or the government’s appeal is dismissed and the case is remanded.”
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