It was a bad day in court for the Biden administration.
Now comes the reckoning.
Joe Biden faced a Supreme Court rejection that had Democrats furious.
As Great American Daily reports:
A five-justice majority — with Amy Coney Barrett providing the deciding vote — agreed to hear oral arguments on if red states had standing to sue to stop the administration from ending Title 42.
Donald Trump issued Title 42 during the COVID pandemic which allowed the government to quickly remove illegal aliens from America after they crossed the border due to a public health emergency.
The Biden administration wants to end Title 42 to create a new tidal wave of illegal aliens — the Border Patrol estimates as many as 14,000 per day — entering the country.
Administration lawyers argue the public health emergency is over so they can end Title 42.
But the administration is trying to play it both ways.
New York Congresswoman Claudia Tenney told Fox Business Channel that the administration imposed COVID testing mandates on air travelers from Communist China while claiming the public health emergency ended as part of the Title 42 arguments.
“I think that it’s interesting that the Biden administration is all of a sudden now going to this hey, we’ve got to be careful who we let into this country. … Maybe now we should still be looking at who is coming into this country because we’re not doing anything at the southern border. We have people coming across with COVID, whooping cough, mumps, measles, eradicated diseases and we’re doing nothing about it. That’s what Title 42 was originally intended for, a public health statute,” Tenney stated.
“So, here we are, it’s very hypocritical, I think, of the Biden administration to enforce these policies against the Chinese coming in, say to New York City, but not any one of the 160 countries that people are derived from coming across our southern border,” Tenney concluded.
In addition, the administration is arguing it can end Title 42 because the COVID pandemic is over. At the same time, it extended the public health emergency until April in part because it allows the administration to herd more Americans into government-run healthcare schemes.
But the administration does have one surprising ally in conservative Supreme Court Justice Neil Gorsuch.
In his two-page dissent in the decision to hear the standing case on Title 42, Gorsuch wrote that “the current border crisis is not a COVID crisis.”
Gorsuch wrote that it was up to Congress to solve the Title 42 situation and not pass the buck to the Court to decide if the border policy should remain in place.
“Courts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency,” Gorsuch added. “We are a court of law, not policymakers of last resort.”
When the Biden administration goes before the Supreme Court it is finally going to have to decide if the public health emergency is over or not.