Evidence that there is in fact now a conservative majority at the Supreme Court that respects the rule of law.
According to the Wall Street Journal:
The Supreme Court on Tuesday reinstated a Trump-era policy that requires asylum applicants to wait in Mexico while their claims are evaluated by U.S. authorities. The three liberal justices dissented.
President Biden canceled the Trump administration Migrant Protection Protocols, commonly called the Remain in Mexico policy, responding to criticism that it forced vulnerable migrants to wait out their cases in violent border cities. Lower courts found the administration failed to follow proper procedures in ending the policy and that the alternative of paroling into the U.S. asylum applicants en masse may violate federal law.
The Biden administration asked the Supreme Court to let it cancel Remain in Mexico while it appealed, but in a brief order Tuesday evening, the justices said the government was unlikely to prevail.
The administration “failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious,” the unsigned order said. Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan indicated they would have granted the government’s application.
As a practical matter, Remain in Mexico hasn’t been in use since 2019. Since the start of the Covid-19 pandemic last year, U.S. officials under both the Trump and Biden administrations have been turning back migrants under public-health orders issued by the Centers for Disease Control and Prevention.