Title 42

[Ferguson97]

I genuinely don't get the legal argument against letting Biden lift this restriction. Why wouldn't the administration have the authority to lift it if the Trump administration had the authority to implement it?

https://twitter.com/nytimes/status/1527763310212435968

[brucejoel99]

Why wouldn't the administration have the authority to lift it if the Trump administration had the authority to implement it?

Because the FedSoc-crowd turned their DHS v. Regents loss into a Frankenstein opinion that any conservative district judge can cite to block any agency action which they just don't like on the grounds that it was arbitrary & capricious.

[Mr. Reactionary]

The Administrative Procedure Act requires minimal due process to implement regulations including changes to existing regulations. This is the logical product of the extreme dereliction of legislative duty that has led to the concentration of legislative power in the administrative state. In other words, this is the risk from not passing laws through congress and instead relying on unelected bureaucrats to make law in argiable contravention of the constitution.

Also hilarious how after so many District Court injunctions out of Cali and Hawaii slowing Trumps regs that its only a problem now when similarly used against Biden.

[lfromnj]

At the very least I think any federal case where the plaintiff seeks a nationwide temporary injunction should be randomized.

[brucejoel99]

Also hilarious how after so many District Court injunctions out of Cali and Hawaii slowing Trumps regs that its only a problem now when similarly used against Biden.

At least DACA & travel-ban cases entailed irreparable harm. On Title 42, this is clearly nothing but pure activist-judge BS.