US Supreme Court dismisses lawsuit on Title 42 border expulsions

The United States Supreme Court dismissed a lawsuit in which Republicans attempted to preserve a programme instituted by former President Donald Trump that allowed American officials to promptly deport hundreds of thousands of migrants at the US-Mexico border.

Title 42, a provision connected to a public health emergency, was adopted by Trump's government in March 2020, early in the COVID-19 pandemic. Last Monday, President Joe Biden's administration let the programme expire, and new asylum limits went into force.

The court agreed to hear the case in December, and the question was whether a group of Republican state attorneys general could intervene to defend the Title 42 policy after US District Court Judge Emmet Sullivan ruled the public health order unconstitutional in a lawsuit filed by asylum-seeking migrant families in November. In December, the Supreme Court decided 5-4 to maintain the Title 42 regulation, putting Sullivan's ruling on hold.

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The Supreme Court removed the case from its argument calendar after the Justice Department stated in February that the case would become moot due to the expiration of Title 42 as a result of the Biden administration's announcement that the recognition of a COVID-19 public health emergency would end on 11 May.

The justices on Thursday threw out a lower court's ruling that rejected the state's bid to intervene, concluding that the state's request was now moot.

In a statement agreeing with the decision, conservative Justice Neil Gorsuch, who had dissented from December's decision to maintain Title 42, repeated his criticism that "the current border crisis is not a COVID crisis."

Gorsuch added that the court in December "took a serious misstep when it effectively allowed nonparties to this case to manipulate our docket to prolong an emergency decree designed for one crisis in order to address an entirely different one. Today's dismissal goes some way to correcting that error."

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