In a recent case before the Supreme Court, several Republican states argued in Arizona v. Mayorkas that the Title 42 orders — which essentially allow the federal government to prevent certain people from coming into the country during a public health emergency because of the fear of communicable disease (in this case, COVID-19) — must remain in place.
“Reasonable minds can disagree about the merits of the D.C. Circuit’s intervention ruling. But that case-specific decision is not of special importance in its own right and would not normally warrant expedited review. The D.C.
Circuit’s intervention ruling takes on whatever salience it has only because of its presence in a larger underlying dispute about the Title 42 orders. And on that score, it is unclear what we might accomplish.
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