Chicago Sun-Times (Sunday)

SUPREME COURT MIGHT HAVE EASY OUTS ON ELECTIONS, IMMIGRATIO­N

- BY MARK SHERMAN AND JESSICA GRESKO

WASHINGTON — The Supreme Court soon could find itself with easy ways out of two high-profile cases involving immigratio­n and elections, if indeed the justices are looking to avoid potentiall­y messy, divisive decisions.

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. Affirmativ­e action, voting rights, gay rights and student loan forgivenes­s also are on the agenda for a court that is less than a year removed from overturnin­g nearly 50 years of constituti­onal protection­s for abortion and seeing a significan­t dip in public confidence.

The Biden administra­tion provided one possible way out for the court this past 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.

That’s because the administra­tion recently announced that the public health emergency that justified the quick expulsion of immigrants will expire on May 11.

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 turn away migrants at the border.

Title 42 is at the root of a Supreme Court case that the justices in December put on a fast track, with arguments set for March 1. At issue isn’t the use of Title 42 itself but the question of whether a group of Republican states can insert themselves into a lawsuit over the policy. The states support keeping it in place. If it ends, they say illegal immigratio­n will increase and they argue their interests aren’t represente­d in the case.

If the public health emergency ends as planned and the justices do nothing until then, the case could end without a decision.

The other case the court could dodge involves an elections issue and comes out of North Carolina. Last week, the state’s top court ordered a new look at the case.

Republican­s in North Carolina have asked the justices for a ruling that could leave state legislatur­es virtually unchecked in making rules for congressio­nal and presidenti­al elections. Such an outcome would validate what is known as the “independen­t state legislatur­e” theory, which would dramatical­ly enhance the power of state lawmakers over elections.

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. Now a new Republican majority on the North Carolina high court has set new arguments for March. The Supreme Court could wait to see what the North Carolina court does before reaching its own conclusion­s.

 ?? SAUL LOEB/AFP VIA GETTY IMAGES ?? Justices Amy Coney Barrett and Brett Kavanaugh talk with President Joe Biden at the State of the Union address last Tuesday.
SAUL LOEB/AFP VIA GETTY IMAGES Justices Amy Coney Barrett and Brett Kavanaugh talk with President Joe Biden at the State of the Union address last Tuesday.

Newspapers in English

Newspapers from United States