Supreme Court decision on immigration: Democrats should listen to Neil Gorsuch - Vox
by Ian Millhiser
On Monday, the Supreme Court did something that’s become quite familiar in the Trump age: It reinstated a harsh new immigration policy that had been blocked by lower courts. This particular policy, known as the “public charge” rule, makes it easier for the United States to exclude lower-income immigrants.
The court did not explain its Department of Homeland Security v. New York decision, which is temporary — it lasts until the case makes its way through the appeals process and, most likely, to the justices’ decision on its merits. Monday’s order was split 5-4 along partisan lines.
Though the majority did not explain its decision, Justice Neil Gorsuch did pen a concurring opinion to which it is worth paying attention. It would limit the power of lower court judges to issue broad, nationwide orders suspending a federal policy. That’s what initially happened in the New York case, when a federal judge held that the public charge rule could not be enforced anywhere in the country.
In the short term, Gorsuch’s approach would obviously be an enormous boon to President Trump, as the Trump administration is behind many of the policies that are currently being blocked by lower courts.
But Democrats would actually do well to listen to Gorsuch. In the long run, they have far more to gain than the GOP from Gorsuch’s approach, which would strip liberals of a tool they’ve used to challenge Trump’s policies — but Democratic presidents have much more to fear from a too-aggressive judiciary than Republicans.
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