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Reason
Reason
Jonathan H. Adler

Supreme Court Gives Biden Administration a (Temporary?) Win on Immigration with Final Decision of Term

This morning Chief Justice Roberts delivered a gift to the BIden Administration with the final opinion in an argued case this Supreme Court term in Biden v. Texas. In a 5-4 decision, the Court concluded it had jurisdiction to hear the case and rejected a statutory challenge to the Biden Administration's rescission of the Trump Administration's Migrant Protection Protocol, aka the "Remain in Mexico" policy. The case is now remanded back to the lower courts for additional proceedings, including other challenges to the policy change.

Chief Justice Roberts wrote for a 5-4 Court, joined by the Court's liberals and Justice Kavanaugh, who also wrote a concurrence. Justice Alito wrote a dissent joined by Justices Thomas and Gorsuch. Justice Barrett also wrote a dissent joined by the Justices Thomas, Alito, and Gorsuch, save for the first sentence of her opinion ("I agree with the Court's analysis of the merits—but not with its decision to reach them.").

Here is how Roberts explains his decision:

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