Wednesday, June 15, 2022

Breaking News: Supreme Court Dismisses Efforts of States to Defend Trump Administration's Proposed Public Charge Rule

The Supreme Court today decided not to decide the public charge case on its docket. 

The Court previously had granted certiorari in Arizona v. City and County of San Francisco on the issue whether states could intervene to defend a proposed rule that a new administration decided not to defend. 

In one of his administration's signature immigration measures, President Trump through a proposed public charge rule sought to tighten the requirements on low- and moderate-income noncitizens seeking to come to the United States.  President Biden sought to rescind that rule and decided not to defend the proposed rule against legal challenges.  A number of states, led by Arizona, sought to intervene to defend the proposed rule.  The Court today dismissed per curiam the writ of certiorari in the case as improvidently granted.  Chief Justice Roberts filed a concurring opinion, joined by Justices Thomas, Alito, and Gorsuch, emphasizing that the dismissal of the case did not decide any of the merits of the dispute.

UPDATE (June 15, 3 P.M. PST):  Amy Howe analyzes the per curiam order and concurrence for SCOTUSBlog here.


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