Here’s why yet another Supreme Court case might become moot

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Here’s why yet another Supreme Court case might become moot
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The Title 42 immigration dispute could be moot at the Supreme Court, thanks to this Biden policy. (via Deadline: Legal Blog)

immigration dispute will become moot as well. On Tuesday, the Biden administration said that, with the Covid public health emergency ending May 11, the appeal seeking to continue the Trump-era policyNow, a new brief in another big case tells the justices that the Title 42 immigration dispute will become moot as well.

The oral argument set for March 1 in Arizona v. Mayorkas is technically about whether state attorneys general can intervene in the dispute in favor of the border policy, rather than the legality of the policy itself. But in taking the case, the Supreme Court also blocked a lower-court ruling that would have ended the policy.

I’d argue that they do function as policymakers of last resort. But however one describes their role, we might get more insight into how the justices choose to wield their power when this case is argued in a few weeks. And on the subject of the court’s potentially shrinking docket, consider that the justices are already deciding

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