SCOTUS Title 42 stay is rock and hard place for Constitution

OPINION:

JERUSALEM — The U.S. Supreme Court, by a vote of 5-4, granted a request from 19 states to keep in place for the time being Title 42, a COVID-19 era policy to speedily turn back migrants at the border.

That’s good for border control. That’s bad for sticklers of constitutional principle.

As Justice Neil Gorsuch said, in joining with the court’s three liberal members to oppose a stay to Title 42, “The current border crisis is not a COVID crisis. 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.”

With record numbers of illegals flowing across America’s southern border, and disappearing into points unknown — only to take advantage, in many cases, of America’s generous tax-paid entitlements and assistance — it’s doubtful many on the side of border control care for Gorsuch’s take. But conservatives should. Gorsuch is quite right in his queasiness to use the high court to advance any cause that doesn’t meet constitutional muster; that doesn’t fall in line with Founding Father intents; that doesn’t strike as law and order; and that stinks to high heaven in terms of a rock and hard place provision, ripe for Democrats to exploit. ‘Cause that’s what Dems do. They exploit weaknesses in America’s constitutional and free market systems.

Look at how the left turned capitalism on its head during the coronavirus crazy — using private businesses to regulate citizens’ behavior in ways the Constitution wouldn’t allow the legislative and executive branches.

The same situation now presents with Title 42.

The policy was enacted by the Donald Trump administration at the start of the pandemic to turn back migrants quickly, without having to go through the normal bureaucratic asylum process — the logic being that the health and safety of citizens, amid COVID, took precedence over in processing.

But the pandemic’s ended.

Even President Joe Biden said in September, “The pandemic is over.”

So the justifications for Title 42 should be similarly “over.” That’s the principled stand, anyway.

That’s the stand that says America is done with the coronavirus lockdowns, Americans are sick and tired of government mandates tied to coronavirus fears, and citizens need bureaucrats to shed their overlord robes get back in their places of humble service to the people.

The problem, of course, is that this Biden White House is gunning for the title of “Most Open Border Administration in History.” Border crossings in fiscal 2022 reached the 2.76 million mark — a figure that broke the previous border crossing record by more than a million.

States are being inundated with crossers.

Republicans in particular are tired of the Democrats’ border politics — and policies — which seem to be summarized as “do nothing” and when that falls from media grace, switch to the backup plan of “pretend all’s well.” Nothing to see here, folks, go home. Vice President Kamala Harris has perfected that bit of narrative.

“The border is secure,” Harris said in September — amid another surge of border crossers.

But if it wasn’t secure, it’s because of Donald Trump, she added. 

“We also have a broken immigration system, in particular over the last four years before we came in, and it needs to be fixed,” she said then. By “broken,” of course, she meant controlled.

And therein lies the problem: Title 42 is the Republican states’ last means of keeping at least some checks and stops at the border. It’s a COVID emergency measure and in a principled world, it’s something Republicans should shun as needless, as government overreach, as bureaucratic abuse of power.

But this Democrat-dominated world is anything but principled. So here we stand, here we are, facing on one side a rock — the Constitution — and another side a hard place — the need for law and order and border control — and there stand the Democrats, rubbing hands in glee to exploit whichever way the chips fall.

“The court is not going to decide [on Title 42’s ultimate fate] until June, apparently, and in the meantime, we have to enforce it,” Biden said, in the wake of the SCOTUS decision to temporarily keep in place Title 42.

Yes. For Democrats, this SCOTUS ruling will no doubt be used to justify the continuation of COVID regulatory controls. If not that, then fears of COVID. If not that, then accusations of Republicans’ use of courts for unconstitutional actions. If not that, then cries about the high court’s judicial activism.

No matter how it’s sliced, Democrats will find a way to exploit Title 42 and the court’s ruling for political gain — for continued crumbling of the Constitution. Bit by bit, piece by piece, the end game of the left is to destroy America’s foundations, including its most precious and cherished governing documents.

Gorsuch took a stand against this destruction and for the long-term preservation of principle.

It’s a lonely stand. But somebody’s got to do it.

Ultimately, it’s principles that matter most. Even when times are desperate — even when it seems concessions are necessary just to stay in the fight — it’s always the principled stand that stays the longest-term course. And it’s a bit of a grim reality that here in America, we’re being forced by a committed and immoral Democrat Party, filled with socialists and communists and Marxists, to bite the bullet and choose pragmatics over principles.

• Cheryl Chumley can be reached at [email protected] or on Twitter, @ckchumley. Listen to her podcast “Bold and Blunt” by clicking HERE. And never miss her column; subscribe to her newsletter and podcast by clicking HERE. Her latest book, “Lockdown: The Socialist Plan To Take Away Your Freedom,” is available by clicking HERE  or clicking HERE or CLICKING HERE.