The Supreme Court is taking up a dispute over a blocked Biden administration policy that would prioritize deportation of people in the country illegally who pose the greatest public safety risk.
“It's impossible for the executive to do what you want it to do, right?” Roberts asked.
The case is the latest example of a Republican litigation strategy that has succeeded in slowing Biden administration initiatives by going to GOP-friendly courts. Kagan picked up on that during arguments, saying that Texas could file its suit in a courthouse where it was guaranteed to get a sympathetic hearing and that one judge stopped “a federal immigration policy in its tracks.”
The states said they would face added costs of having to detain people the federal government might allow to remain free inside the United States, despite their criminal records.The federal appeals court in Cincinnati earlier overturned a district judge’s order that put the policy on hold in a lawsuit filed by Arizona, Ohio and Montana.
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