On February 7, the Biden Administration advised the Supreme Court, “The anticipated end of the public health emergency on May 11, and the resulting expiration of the operative Title 42 order, would render . . . moot” the case before the Court over Title 42.[1]
Soon thereafter the Supreme Court cancelled the arguments in the case scheduled for March 1. As a result, the Court is expected to dismiss the case and cancel the order staying the rescission of Title 42 after the administration canels Title 42. [2]
[1] Liptak, Biden Officials Tell Supreme Court That Title 42 Case Will Soon Be Moot, N.Y. Times (Feb. 7, 2023).
[2] Liptak, Supreme Court Cancels Arguments in Title 42 Immigration Case, N.Y. Times (Feb. 16, 2022). This litigation over Title 42 was discussed in a prior post. (Congress Fails to Adopt Important Immigration Legislation, dwkcommentaries.com (Dec. 28, 2022);immigration Comment: Speculative Interpretation of Supreme Court Decision on Title 42 Case, dwkcommentaries.com (Dec. 29, 2022)..)
What should we think about this in terms of policy impact?