On Wednesday, the Supreme Court decided to call off arguments for a couple of tense immigration cases. The said cases were carried over from former President Donald Trump’s administration.
Elizabeth Prelogar, the acting solicitor general, asked the Supreme Court to call off oral arguments on a case that involves the funding for the former president’s U.S.-Mexico border wall. She also asked this for a case involving Trump’s asylum policy. Both of these cases were originally scheduled to have oral arguments in the coming weeks.
President Joe Biden issued executive actions that rescind the policies of former President Trump regarding both cases.
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The order of the Supreme Court came in days after it dismissed two cases related to the former president’s business ties. Questions were raised whether Trump had violated the Constitution’s clauses that are anti-corruption. However, these are debatable now since Trump’s term is already over.
Supreme Court Decides On Immigration Cases
In 2019, the former president declared a national emergency. Trump did so to be able to use military funding worth billions of dollars on the border wall. The Court of Appeals for the 9th Circuit, however, ruled last year that the transfer of funding would mean an end-run around Congress. However, Congress decided to refrain from providing additional funds for the project.
The Supreme Court originally planned on hearing oral arguments regarding the case this month. However, Biden decided to rescind the emergency on his first day in office.
Last October, the court decided upon the fate of another Trump policy. This policy, in particular, forces migrants who are seeking to be granted asylum to stay in Mexico. The policy stipulates that they need to be in the said country while decisions for their applications are pending. Early in his administration, however, Biden has put a stop to this program.
As of the moment, Biden has not named a new solicitor general, who serves as the government’s head lawyer before the Supreme Court. However, this reveals the challenges that Biden’s administration might have to deal with, particularly the pending cases where Biden and Trump took opposing sides.
For one, the Justice Department chosen by Biden has withdrawn a lawsuit against Yale University that the Trump administration had filed. In the suit, the university allegedly discriminated against Asian Americans and white Americans who were applying to the school.
A number of other cases related to Trump remain in limbo at the Supreme Court.