Opinion: Gorsuch serves as conscience of the U.S. Supreme Court
The issue involved Title 42 emergency decrees allowing the federal Centers for Disease Control to restrict immigration during COVID-19, but some conservative states wanted to keep these measures in place.
The court punted the issue — but Justice Neil Gorsuch had some pointed things to say. A Donald Trump appointee with notably libertarian tendencies, he sided with the court majority but authored an eight-page concurrent opinion that had us cheering. Gorsuch zinged these states for misusing the law: “I do not discount the States’ concerns about what is happening at the border, but ‘the current border crisis is not a COVID crisis.’” He is upset at those who “manipulate our docket to prolong an emergency decree designed for one crisis in order to address an entirely different one.”
But he saved his most stinging comments for local and state leaders for precipitating “the greatest intrusions on civil liberties in the peacetime history of this country … They divided cities and neighborhoods into color-coded zones, forced individuals to fight for their freedoms in court … and then changed their color-coded schemes when defeat in court seemed imminent.”
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