LogFAQs > #970467905

masterplum posted...

I read through this. It seems the big concern is the large mass of migrants on the border still has no solution and border states are concerned it would just open a flood into them.

Bussing is a horrifically terrible idea obviously, but I understand the concern of just going lol let them in

Except the conservatives on the court profess to be "originalists" and therefore this should be pretty cut and dry.

The law Title 42 is a part of states that if the CDC deems it necessary for public health they can, with the approval of the president, enact it.

The CDC was the one who said they believed it should expire, and Biden agreed with their recommendation. Neither of the parties the law states as the ones who approve the implementation of Title 42 believe it should be continued.

There's no real past precedent to try and lean on to go "Well, actually it should continue in spite of that because..." because while the law was passed as part of a Public Health Law in 1944, Trump's invocation of it (under the urging of Stephen Miller who was pushing for it to be invoked at the border as far back as 2018 - well before COVID obviously) was the first time it had ever been used.

Meanwhile, SCOTUS has struck down mask and vaccine mandates from the government as overreach but now the pandemic is still ongoing in their minds?