The Biden administration asked the Supreme Court on Monday to cancel coming oral arguments on two pillars of former President Donald Trump's immigration policy, construction of a wall along the southern U.S. border and the "Remain in Mexico" program that barred U.S. entry to many asylum applicants while their cases were considered.
Arguments in the wall case are scheduled for Feb. 22, while the justices on March 1 are set to review the Trump administration policy that required asylum seekers at the border to wait in Mexico while their requests are considered.
Lower courts ruled that the asylum policy and some of the border wall's funding were unlawful, prompting appeals from the Trump administration.
If the Biden administration ultimately drops the appeals, as expected, the lower court decisions will remain in force.
It is typical for a new administration to shift positions on some cases, but the break between the Biden and Trump eras is likely to be significant-in part because the Trump administration itself changed so many legal positions after taking power in 2017.
While the Biden administration can't pull the case-it was filed by the state of Texas, with Trump administration backing-it can inform the justices it no longer stands by the arguments made by the former administration's lawyer, former acting Solicitor General Jeffrey Wall.
In addition to immigration, forthcoming Biden administration policy changes in other areas could make more pending cases irrelevant, including a Trump administration appeal seeking high-court approval for its rules barring federal family-planning grants to health clinics that offer on-site abortions or abortion referrals.
Tuesday, February 2, 2021
Biden Administration Asks Supreme Court to Cancel Arguments on Border Wall, Asylum Policy
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