August 27, 2021

ARBITRARY RULES ARE ANTI-REPUBLICAN:

The Supreme Court isn't flouting the law (Kevin Drum, August 26, 2021)

In 2019, President Trump put in place his "Remain in Mexico" policy, which required migrants seeking asylum to stay in Mexico while their cases were being adjudicated. On his first day in office, Joe Biden rescinded the policy. On Tuesday the Supreme Court ordered the policy to be reinstated pending a full hearing.

Last month Biden was set to allow the CDC's eviction moratorium to lapse, but under pressure from progressives he ordered it to be continued. On Thursday the Supreme Court ruled that the moratorium had to end.

Strictly as a matter of law, are these two rulings really so outrageous? Regarding the first one, the Supreme Court has frequently said that a policy, once put in place according to the rules, can't be "arbitrarily and capriciously" ended. Since Biden killed the "Remain in Mexico" policy on his first day, it seems like you can make a pretty good case that it was arbitrary, can't you?

On the second one, the Court had clearly signaled months ago that it wouldn't approve an extension beyond July 30. Biden himself didn't expect to win a SCOTUS battle, and sure enough he didn't.

Posted by at August 27, 2021 8:07 AM

  

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