SCOTUS’ Ruling On Key Trump-Era Border Policy ‘Saved Joe Biden From Himself,’ Former McConnell Adviser Says


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A CNN guest said Tuesday that by keeping Title 42 in place, the Supreme Court “saved Joe Biden from himself” when it came to the border.

The Supreme Court left Title 42, a public-health measure used by the Trump administration to expel illegal immigrants, in place pending arguments scheduled for February in a 5-4 ruling. Associate Justices Neil Gorsuch, Sonya Sotomayor, Elena Kagan and Ketanji Brown Jackson dissented from the ruling. (RELATED: ‘Our Country Is Under Invasion’: Trump Calls To Halt Amnesty And The Release Of Migrants In 2024 Policy Video)

“The Supreme Court, at least temporarily, saved Joe Biden from himself. His administration was in court arguing to end this,” Scott Jennings, a former senior adviser to Republican Sen. Mitch McConnell, said. “They even admitted in court, the solicitor general admitted, that lifting Title 42 will lead to disruption and a temporary increase on unlawful border crossings. And we already have a massive number of people coming across anyway. The Supreme Court here did them a favor.”

Jennings noted that the ruling was a “big political win” for more than a dozen Republican attorneys general, led by Mark Landry of Louisiana and Mark Brnovich of Arizona, who asked federal courts to halt a ruling by U.S. District Judge Emmet Sullivan that would have ended Title 42 on Dec. 21.


United States Customs and Border Patrol (CBP) encountered over 2.3 million migrants in Fiscal Year 2022, with another 230,000 in October, the first month of the new fiscal year, according to official figures, while another 600,000 migrants evaded CBP, Fox News reported. CBP reported encountering a record 233,470 people in November, according to a Friday release.

“They’ve said the border is secure, that’s not true. The White House press secretary has said, ‘oh, it’s not like they walk across, that’s not true,’” Jennings said. “It’s been dishonest statements after dishonest statements.”

The White House did not immediately respond to a request for comment from the Daily Caller News Foundation.

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