Republican attorneys general last year filed a request to prevent the unwinding of Title 42, a policy tied to the Covid emergency that allowed asylum-seekers to be expelled quickly.
In a statement Thursday, Justice Neil Gorsuch, who dissented when the court intervened in December, again criticized his colleagues for allowing a policy premised on the pandemic to remain in place seemingly because it helped mitigate a crisis at the U.S.-Mexico border.
Events overtook the court's consideration of the case when Biden's administration said it would wind down the policy by May 11 as a result of the pandemic officially being declared over.
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