Supreme Court of the United States
Arizona v. Mayorkas
December 27, 2022143 S.Ct. 478
Summary
The Court granted a stay of the District Court’s order vacating the Title 42 policy and treated the stay application as a petition for certiorari, granting review solely on whether the States could intervene to challenge the District Court’s summary judgment order. The stay prevented that order from taking effect but did not independently prevent federal action concerning the policy. Justice Gorsuch, joined by Justice Jackson, dissented, arguing that the intervention question did not warrant expedited review and that courts should not perpetuate public-health emergency measures to address a different immigration emergency. Justices Sotomayor and Kagan noted that they would deny the application but issued no separate opinions.
Holding
- Scope of certiorari review.. Certiorari was granted solely on whether the State applicants may intervene to challenge the District Court’s summary judgment order, without granting review of the underlying merits.
- Interim effect of the District Court’s order.. The District Court’s November 15, 2022 order was stayed until the sending down of the Supreme Court’s judgment; the stay did not itself prevent the federal government from taking action concerning the Title 42 policy.
Docket 22A544
Cited authorities
- 58 Stat. 704
- 42 U.S.C. §265
- 87 FR 19944