Supreme Court won’t hear arguments Title 42 case as planned

Feb 16, 2023, 12:43 PM | Updated: 12:46 pm

WASHINGTON (AP) — The Supreme Court says it will not hear arguments as planned March 1 in a case involving a Trump-era immigration policy used several millions of times over the past three years to quickly turn away migrants at the border.

The justices on Thursday removed from their calendar the case involving Title 42, which justified the quick expulsion of migrants on public health grounds. A court spokeswoman provided no explanation and the case has not been dismissed. The court’s action follows a legal filing from the Biden administration saying the case soon will be moot.

Government lawyers pointed to President Joe Biden’s recent announcement that the emergency declarations tied to the COVID-19 pandemic will end May 11. The administration said the end of the public health emergency will also mean the end of Title 42.

Republicans and even some Democrats in border states have opposed Biden’s efforts to end the Title 42 policy. They say the United States is not prepared for the expected influx of people who will come to the border with Mexico once the policy ends.

In December, the justices were deeply divided when they agreed to prevent the policy from ending pursuant to a judge’s order and they set the case for argument. Five justices agreed to do so while four justices — the court’s three liberals and conservative Neil Gorsuch — disagreed. The case itself involved the ability of states to intervene in a lawsuit over the policy.

The policy dates to March 2020 when — under pressure from the White House — the head of the Centers for Disease Control and Prevention issued an order limiting migration at the nation’s borders with Mexico and Canada, saying it was necessary to reduce the virus’ spread. The order said the facilities where migrants are held were not designed to quarantine people or allow for social distancing.

The authority for that order came from Title 42 of the Public Health Service Act, which gives federal health officials extraordinary powers during a pandemic to limit transmission of an infectious disease.

Officials have expelled asylum-seekers inside the United States 2.5 million times under Title 42.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

FILE - Gabby Petito's mother Nichole Schmidt, wipes a tear from her face during a news conference o...

Associated Press

Mother of man who killed Gabby Petito said in letter she would help son ‘dispose of a body’

The mother of the man who killed Gabby Petito told her son in an undated letter that she would “dispose of a body” if needed because she loved him so much, according to copies of the note shared publicly for the first time this week by attorneys for Petito's parents.

2 days ago

A member of the 3rd U.S. Infantry Regiment, also known as The Old Guard, places flags in front of e...

Associated Press

5 things to know about Memorial Day including its controversies

Memorial Day is supposed to be about mourning the nation’s fallen service members, but it’s come to anchor the unofficial start of summer and a long weekend of discounts on anything from mattresses to lawn mowers.

2 days ago

FILE - This artist sketch depicts the trial of Oath Keepers leader Stewart Rhodes, left, as he test...

Associated Press

Officers describe chaos, fear on Jan. 6 as judge weighs prison time for Oath Keepers’ Rhodes

Police officers who defended the U.S. Capitol on Jan. 6, 2021, and public servants who fled the mob's attack told a judge on Wednesday that they are still haunted by what they endured, as the judge prepares to hand down sentences in a landmark Capitol riot case.

3 days ago

Pride month merchandise is displayed at the front of a Target store in Hackensack, N.J., Wednesday,...

Associated Press

Target on the defensive after removing LGBTQ+-themed products

Target once distinguished itself as being boldly supportive of the LGBTQ+ community.

4 days ago

(Photo By Tom Williams/CQ Roll Call via Getty Images)...

Associated Press

Former Arizona television journalist announces bid for Schweikert’s US House seat

A former Phoenix television journalist announced her candidacy Wednesday for the congressional seat currently held by seven-term Republican Rep. David Schweikert.

4 days ago

Tortoise by Henry Davis earned an honorable mention in the "Adventures in Nature” student photo c...

Associated Press

When you adopt a desert tortoise, prepare for a surprisingly social and zippy pet

They’re not fluffy, they don’t play fetch and they certainly don’t roll over. But there is such a thing as a lap tortoise.

5 days ago

Sponsored Articles

(Photo: OCD & Anxiety Treatment Center)...

OCD & Anxiety Treatment Center

Here’s what you need to know about OCD and where to find help

It's fair to say that most people know what obsessive-compulsive spectrum disorders generally are, but there's a lot more information than meets the eye about a mental health diagnosis that affects about one in every 100 adults in the United States.

(Desert Institute for Spine Care in Arizona Photo)...

Desert Institute for Spine Care in Arizona

5 common causes for chronic neck pain

Neck pain can debilitate one’s daily routine, yet 80% of people experience it in their lives and 20%-50% deal with it annually.

(Photo by Michael Matthey/picture alliance via Getty Images)...

Cox Communications

Valley Boys & Girls Club uses esports to help kids make healthy choices

KTAR’s Community Spotlight focuses on the Boys & Girls Club of the Valley and the work to incorporate esports into children's lives.

Supreme Court won’t hear arguments Title 42 case as planned