>“The current border crisis is not a COVID crisis,” Gorsuch wrote. “And courts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency. We are a court of law, not policymakers of last resort.”

Ketanji Brown Jackson, in one of her first decisions as a SCOTUS Justice, signed onto Gorsuch's objection. The other two non-far right Justices, Sotomayor and Kagan, opposed without comment.

This is interesting from KBJ, IMO. I personally am a strong supporter of the Living Constitution theory, but her signing onto Gorsuch's dissent here makes it appear as if she is less firm on it than I would like.

Naturally the standard chorus of chucklefucks has no reasoning behind their motion. Of the 3 page decision, 2 pages are comprised of Gorsuch explaining exactly why this is a bullshit order, then accusing the chucklefucks of legislating from the bench.

The states do not have standing to compel the federal government to argue harder in court (whatever the fuck they think the feds could say to make keeping an emergency order permanently is another story), nor is there a reasonable argument that the Circuit Court does not have the authority to rule such orders unconstitutional.

This stay is a gift to Republicans, and an embarrassment for the court.