The Supreme Court likely won’t decide a current case on the so-called Title 42 border policy this term if the Biden administration follows through with plans to end that pandemic-era directive in May, legal experts said.
But that almost certainly would usher in a new round of court battles, either as a challenge to this latest attempt to end the Title 42 policy or as a challenge to some of the policies that replace it.
The justices in December agreed to decide an appeal from a group of Republican-led states that are seeking to defend the policy, which has been in place since 2020. The policy allows border agents to rapidly turn back migrants who cross the border without considering their asylum claims.
