The Supreme Court launches a 'political torpedo' right at the Biden administration

[turbinetree]

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Written by Cody Fenwick August 25, 2021

On Tuesday night, the Supreme Court announced a consequential decision that amounted to an aggressive assertion of judicial authority against President Joe Biden.

In a four-sentence order, the justices left in place a lower court's injunction preventing the Biden administration from ending Donald Trump's "Remain in Mexico" policy, which left many asylum-seekers unable to enter the United States as their cases proceed through the long and arduous process. Essentially, the court is saying Biden has to continue to Trump's policy because he didn't end it in the right way. District Judge Matthew Kacsmaryk, who was appointed by Trump, had previously ordered Biden to continue the policy on the grounds that the decision to reverse it was "arbitrary and capricious." The Supreme Court has upheld that procedural move, which is now expected to stay in place as the litigation proceeds.

The initial ruling and the injunction were highly criticized when they came down, with many critics arguing that they represented extreme overreach by a conservative judge trying to undermine a politically opposed administration. Vox's Ian Millhiser said Judge Kacsmaryk didn't even understand the law he referenced:


https://www.alternet.org/2021/08/supreme-court-remain-in-mexico/

The Federalist Society biggest enabler.....

[VMA131Marine]

1. It's worse than this description suggests

The order was to re-implement the “Stay in Mexico” policy, which also requires the consent of the Mexican government. So the order requires the Biden Administration to now negotiate with Mexico to reinstate this policy but do so with this judicial fiat hanging over their heads. This gives Mexico an automatic upper hand in the negotiation because the Biden Administration is under court order to make a deal.

[Midnight Writer]

2. Biden should ignore it. Use the Trump Method. Ignore, delay, distract, file dozens of lawsuits.

[dalton99a]

4. Exactly. Ignore them.

[dalton99a]

3. And there is no way to appeal this

Assholes

[Fiendish Thingy]

5. I don't get how SCOTUS can tell the executive branch what to do, absent legislation by congress. Nt

[Bev54]

6. Biden should send a torpedo right back

and extend the court to 15 judges and start nominating asap