Larry Gollub commented on Of Course Fox Is Fear Mongering About End Of ‘Remain In Mexico’ Policy
2022-07-06 23:28:08 -0400
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While it is true that the Biden v Texas did not definitively resolve the merits of the claim, it did remove the injunctive relief granted by the 5th Circuit, allowing Biden to halt the program while the 5th Circuit considers merits. That could only be done if a majority of the court was reasonably convinced that the Biden administration would prevail. That is the three liberal Justices, Roberts and Kavanaugh. The liberal Justices kept mum on how they felt and Roberts majority opinion tried to concentrate on the jurisdictional question as much as possible, but did indicate that he is likely to defer to Biden’s exercise of discretion. Kavanaugh penned a concurring opinion that was the clearest statement on the merits in the entire decision and is clearly on board with deferring to Biden’s exercise of discretion.
Most telling about how things will play out when the Supreme Court gets the case is Barrett’s dissent. The heading and first sentence give the entire game away:
“JUSTICE BARRETT, with whom JUSTICE THOMAS, JUSTICE ALITO, and JUSTICE GORSUCH join as to all but the first sen- tence, dissenting.
I agree with the Court’s analysis of the merits—but not with its decision to reach them."
A six to three decision for Biden coming up in the next term. Of course nobody commenting on the decision at Faux has actually read it.
Most telling about how things will play out when the Supreme Court gets the case is Barrett’s dissent. The heading and first sentence give the entire game away:
“JUSTICE BARRETT, with whom JUSTICE THOMAS, JUSTICE ALITO, and JUSTICE GORSUCH join as to all but the first sen- tence, dissenting.
I agree with the Court’s analysis of the merits—but not with its decision to reach them."
A six to three decision for Biden coming up in the next term. Of course nobody commenting on the decision at Faux has actually read it.