Wednesday, July 27, 2022

Peter Shane: Once Again, The Supreme Court Upends a Legal Norm

Peter Shane in the Washington Monthly does not have much use for the Supreme Court's recent refusal to stay an injunction while an appeal is [pending in United States v. Texas:

"the Supreme Court refused to lift a lower court order that had effectively blocked the Department of Homeland Security (DHS) from implementing Secretary Alejandro Mayorkas’s 2021 guidelines on immigration enforcement priorities. The Court’s procedural order, which was approved by a 5–4 vote, is unaccompanied by any explanation. It is notable for at least three reasons. It marks the first recorded vote—in dissent, as it happens—of Justice Ketanji Brown Jackson. It also marks the first 5–4 Court vote divided along gender lines, with five male justices in the majority and four female justices in dissent. Finally—and most ominously—it leaves in place a lower court’s blatant interference with the authority of immigration officials to use their well-established customary discretion in matters of enforcement."


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