Judicial aggrandizement - SCOTUS lets stand bar on Biden’s immigration guidelines, Jackson's first dissent - sets case for argument this fall - SCOTUSblog

In her first vote, newly confirmed Associate Justice Ketanji Brown Jackson joined Elena Kagan and Sonia Sotomayor to object to another Supreme Court attack on executive authority, another example of what Josh Chafetz calls "judicial aggrandizement". - GWC 

CERTIORARI GRANTED 22-58 UNITED STATES, ET AL. V. TEXAS, ET AL. (22A17) The application for stay presented to Justice Alito and by him referred to the Court is denied. The Solicitor General suggested that the Court may want to construe the application as a petition for certiorari before judgment. Doing so, the petition is granted. The parties are directed to brief and argue the following questions: 1. Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law; 2. Whether the Guidelines are contrary to 8 U.S.C. §1226(c) or 8 U.S.C. §1231(a), or otherwise violate the Administrative Procedure Act; and 3. Whether 8 U.S.C. §1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the Guidelines under 5 U.S.C. §706(2). The case will be set for argument in the first week of the December 2022 argument session. Justice Sotomayor, Justice Kagan, Justice Barrett, and Justice Jackson would grant the application for stay. 

Divided court declines to reinstate Biden’s immigration guidelines, sets case for argument this fall - SCOTUSblog

By Amy Howe

The Supreme Court will again weigh the executive branch’s authority to set immigration policy as some red states claim that the Biden administration’s enforcement decisions are too lax. The justices on Thursday agreed to take up a challenge by Texas and Louisiana to a new federal policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation. The justices will hear the case in late November without waiting for a federal appeals court to weigh in.

The justices left in place a district-court ruling striking down the policy, which means that the Biden administration cannot implement it while it waits for the Supreme Court to hear argument and issue a decision.

In a 5-4 vote, the justices rejected the administration’s request to put the district court’s ruling on hold and allow the administration to implement the policy while litigation proceeds. Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson indicated that they would have granted the request. It was the first recorded vote for Jackson, who was sworn in as the court’s newest justice on June 30 to succeed the now-retired Justice Stephen Breyer.

The policy at the center of the dispute is outlined in a September 2021 memorandum by Secretary of Homeland Security Alejandro Mayorkas on the federal government’s priorities for immigration enforcement. Explaining that there are over 11 million noncitizens currently in the United States who could be subject to deportation, but that the Department of Homeland Security does not have the resources to apprehend and deport all of them, the memorandum instructed immigration officials to prioritize the apprehension and deportation of three groups of noncitizens: suspected terrorists, people who have committed serious crimes, and those caught at the border.