Off-ramps in those cases could prove attractive in a term with no shortage of big cases that could divide the court’s six conservatives and three liberals
By MARK SHERMAN and JESSICA GRESKO
The Biden administration provided one possible way out for the court this week. A legal fight over turning away immigrants at the border because of the coronavirus pandemic, under a provision of federal law known as Title 42, is about to become irrelevant, the administration said in a court filing Tuesday.
The use of Title 42 began during Donald Trump’s presidency and continued after Joe Biden took office. It has been used millions of times to quickly turn away migrants at the border. When the court agreed to take the case in December, the justices were split. Five justices wanted to wade in and four justices — the court’s three liberals and conservative Neil Gorsuch — said they would not have gotten involved in the first place.
The justices heard arguments in December in an appeal from Republicans who argued that the state Supreme Court, then with a Democratic majority, improperly tossed the state’s Republican-drawn congressional districts as excessively partisan and adopted a new map that produced a 7-7 split in November’s elections.
So the court could wait to see what the North Carolina court does before reaching its own conclusions.
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