Link to Supreme Court docket file. Below quoted material is from the docket.
Application (22A544) for stay pending certiorari presented to The Chief Justice and by him referred to the Court is granted. The November 15, 2022 order of the United States District Court for the District of Columbia, case No. 1:21– cv–00100, is hereby stayed. Applicants suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted. The parties are directed to brief and argue the following question: Whether the State applicants may intervene to challenge the District Court’s summary judgment order. 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. The Court’s review on certiorari is limited to the question of intervention. While the underlying merits of the District Court’s summary judgment order are pertinent to that analysis, the Court does not grant review of those merits, which have not yet been addressed by the Court of Appeals. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the February 2023 argument session. The stay shall terminate upon the sending down of the judgment of this Court. The order heretofore entered by The Chief Justice is vacated. Justice Sotomayor and Justice Kagan would deny the application. Justice Gorsuch, with whom Justice Jackson joins, dissenting. (Detached Opinion)
The question, which I have bolded, is basically an issue of standing. The underlying merits of this case are not being reviewed at this time, pending completion of the United States Court of Appeals for the District of Columbia’s own review of those merits.
Link to the detached opinion of Justice Gorsuch (joined by Justice Jackson) dissenting from this stay and grant of review.
I concur with Justices Gorsuch and Jackson in the dissenting opinion, as well as Justices Kagan and Sotomayor in dissenting from the stay.
I see little necessity in granting plenary review of the question of standing. And I entirely oppose the Supreme Court’s stay of the D.C. Circuits judgement.
While we tend to think of judicial activism as primarily being a leftist phenomenon, and in a large majority of cases it is, conservatives are not immune from the same unfortunate behavior. It was clearly displayed during the Trump special master bull ■■■■■ And this five Justice majority displayed such conduct, being rightly called out for it by Justice Gorsuch.
The end of Title 42 is going to be disruptive. Nobody denies that. But it is NOT the prerogative of the Judiciary to step in and make policy decisions when the Executive and Legislative Branches have failed to do so. Covid is not a factor anymore, so Title 42 should fall and the Supreme Court should butt out of policy matters.
As National Review so aptly states, conservatives who support the court’s actions are hypocritical if they previously decried liberals for doing the same thing.
Unfortunately, we are likely stuck with this stupid stay at least through the end of February.
Conservatives who willingly see their hands tied by rules that the left laughs at are losers.
How many football games would a team win if they accepted penalty rules that would only be applied against themselves?
Covid is as bad now as it was when 42 was implemented. It’s just that the media doesn’t do a daily body count or claim that Biden has blood on his hands.
