As the January sitting came to a close, the Court made headlines in its orders list on Monday. Five Justices voted to allow the Trump Administration to temporarily enforce its new “public charge” immigration rule. Four Justices dissented. Justice Gorsuch (joined by Thomas) wrote an opinion supplementing his yea vote. Beyond this, the Court added an original jurisdiction, water-rights case to its docket and denied an application for a stay of execution. Here’s your brief for the Week of January 27.
Earlier this summer, the Supreme Court stayed an injunction against the Trump Administration, which had barred it from using nearly $2.5 billion in interdepartmental transfer funds for construction of the border wall. Tonight was Part II. The high court lifted another injunction that had been issued against the Administration, this one concerning the latest asylum rule promulgated in July. Justices Sotomayor and Ginsburg dissented. With less than a month until the Court is back in session, it seems clear the Justices are not shy of acting on their summer shadow docket. Here’s a summary of the case, the Court’s order, and Justice Sotomayor’s dissent.