Justice Gorsuch on Title 42: "Even if the [APA] has taken a holiday during this pandemic, it cannot become a sabbatical."

Today the Supreme Court issued an order in the Title 42 case. Title 42 refers to a series of orders that allow the federal government to deny entry to certain aliens to prevent the spread of a contagion (COVID-19). The scope of the order is very specific.

First, the Court stayed Judge Sullivan's nationwide vacatur of the Title 42 order. (For those curious, Judge Sullivan recently stepped down from the D.C. Judicial Nominations Committee–more on that later.) But the Biden Administration can still do stuff. What exactly? The Court explains:

This stay precludes giving effect to the District Court order setting aside and vacating the Title 42 policy; the stay itself does not prevent the federal government from taking any action with respect to that policy.