The Volokh Conspiracy

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Supreme Court Issues Stay of District Court's "Title 42" Order

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Chief Justice Roberts has issued a stay of the district court's order in Arizona v. Mayorkas. The bottom line is that the vacatur of the "Title 42" immigration order is on hold for now, with a very tight deadline for a response from the federal government. You can read more details in this Politico story. Here's a link to my earlier discussion of this case, including the tension between one court's vacatur and another court's national injunction. The unusual characteristics of this case raise fundamental questions about what kind of remedy vacatur is.