"Since March 2020, we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country. Title 42 had been invoked by former President Donald Trump as the COVID-19 pandemic began in March 2020, and it was repeatedly extended by both Trump and President Joe Biden before finally being brought to an end last week.īut Title 42 was just one in a litany of COVID-related emergency powers that drew Gorsuch's ire. Mayorkas, one of several cases dealing with the Title 42 orders that allowed federal immigration authorities to expel migrants seeking asylum in the United States. Gorsuch's sweeping and powerful statement was attached to the Supreme Court's recent ruling in Arizona v. "Courts bound to protect our liberties addressed a few-but hardly all-of the intrusions upon them." "While executive officials issued new emergency decrees at a furious pace, state legislatures and Congress-the bodies normally responsible for adopting our laws-too often fell silent," Gorsuch wrote. Justice Neil Gorsuch says all three branches of government share some of the blame for what he calls the "breathtaking scale" of emergency powers wielded by public officials during the COVID-19 pandemic.
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