Monday, January 2, 2023

The Supreme Court is playing partisan games with its “shadow docket” in Arizona v. Mayorkas - Vox

So, to summarize, one judge, a Republican, has determined that the Republican Party's preferred immigration policy must remain in effect. His opinion is poorly reasoned and at odds both with a federal statute and with binding Supreme Court precedents. 

Meanwhile, a second judge, a Democratic appointee, has determined that the Republican Party's preferred immigration policy is illegal. The CDC — the only institution that actually has the statutory authority to determine when the Title 42 program should be terminated — decided that this program must end in May. But CDC's April order has been trapped in limbo for months due to the Republican judge's erroneous decision. And it is now likely to be trapped in limbo for much longer while the Supreme Court ponders a minor procedural question about when parties seeking to intervene in a lawsuit must do so. 

All of this is happening, moreover, against the backdrop of a Supreme Court that took only days to determine that a Republican administration's policies must be put into effect right away, but that often sits on cases blocking Democratic policies for months — even when the justices ultimately determine that the lower court's order blocking the Democratic policy was wrong...

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