The US Supreme Court chooses which cases to bring to the docket for discussion at each of its sessions. Arizona v. Mayorkas, a case involving the Title 42 border policy, and Moore v. Harper, a North Carolina gerrymandering case, are two cases that reached the supreme court. Recent SCOTUS actions, according to a recent report, may imply that the justices will not decide on either issue.
The immigration case was completely withdrawn from the Supreme Court’s calendar on February 16 — without any justification — yet the matter was not dismissed. When the Biden Administration permits the US’s public health emergency status to expire on May 11, the publication said Title 42 may come to an end on its own.
Supreme Court Hints That It May Duck Two Big Cases— FairDistrictsOhio (@OhFairDistricts) March 7, 2023
Recent orders suggest that the justices are thinking of dismissing cases involving the “independent state legislature” theory and Title 42, an immigration measure imposed during the pandemic.https://t.co/al7Q4dz8Fu
In such a case, the court would have no need to examine the border problem. The North Carolina case is currently being reviewed by the state’s top court. Whether the Court intervenes or not might depend on that judgment.
On March 14, the North Carolina Supreme Court will hear arguments in the gerrymandering lawsuit. The US SCOTUS took note of the action and requested papers from the plaintiff and defendant about the high court’s potential jurisdiction. The request may put Moore v. Harper is on hold indefinitely, if not for a few weeks.
The SCOTUS appeared to support ending the immigration policy in the Title 42 lawsuit. Without convincing reasons in favor of maintaining Title 42, the court will probably dismiss the lawsuit and lift the existing stay.
Chris Magnus, the commissioner of Customs and Border Protection, said in April 2022 that scrapping the rule would undoubtedly result in “an increase in encounters” at the southern border.