The court’s order Thursday leaves the policy frozen nationwide for now. The vote was 5-4 with conservative Justice Amy Coney Barrett joining liberal Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson in saying they would have allowed the Biden administration to put in place the guidance.The order is the first public vote by Jackson since she joined the court June 30 following the retirement of Justice Stephen Breyer.
The federal appeals court in Cincinnati earlier this month overturned a district judge’s order that put the policy on hold in a lawsuit filed by Arizona, Ohio and Montana. The judge’s order amounted to a “nationwide, judicially imposed overhaul of the Executive Branch’s enforcement priorities,” Solicitor General Elizabeth Prelogar wrote in a court filing. Prelogar is the administration’s top Supreme Court lawyer.
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