by Mitch Kokai
Senior Political Analyst, John Locke Foundation
When a federal judge temporarily barred the Biden administration from ending the migration health policy known as Title 42 on May 23, the White House found itself in a familiar spot — reined in on pandemic policy by the judiciary branch of government.
President Joe Biden extended the Centers for Disease Control and Prevention’s eviction moratorium, only to have it blocked by the Supreme Court last August. The same thing happened with the administration’s vaccine mandate for private businesses and, most recently, with the federal mask mandate, frustrating Democrats and left-liberals who see these moves as damaging and, sometimes, politically motivated.
“The judge’s notice takes authority away from the scientists and public health experts at the [CDC] who have said that the Title 42 order has no current epidemiologic or medical basis,” said Claudia Flores, associate director for the Immigration Policy Program at the Center for American Progress. “This decision comes from a Trump-appointed judge in a lawsuit filed by Republican states. The stakes around Title 42 couldn’t be more political, albeit disappointing.”
The latest setback is only temporary and may still leave room for the White House to rescind the border expulsion policy as expected May 23.
Like the others, the border issue has proven politically tricky for Biden.
House Minority Leader Kevin McCarthy led a group of congressional Republicans to the U.S.-Mexico border yesterday, saying “a country without a secure border is no longer a country” and calling for Title 42 to be extended. Nine Senate Democrats have also come out against plans to scrap the measure. …
… The dynamic puts Title 42 in line with the mask mandate and eviction moratorium, with liberals on one side and conservatives and centrists on the other, meaning the judge’s decision may prove to be a backdoor victory for Biden.