Arizona v. Mayorkas
In brief
The Supreme Court wiped out (vacated) the D.C. Circuit's order denying the states' request to join the case and sent the case back to that court (remanded it), with instructions to throw out the request as no longer a live dispute, without deciding whether the states could join.
- Where it stands
- Decided
Decided · May 18, 2023 · Opinion by Justice Gorsuch
- What it’s about
- This case involves a dispute over whether several states can intervene to defend Title 42, a Trump-era border policy that allowed immigration officials to quickly turn away asylum seekers for public health reasons.
- Who it affects
- The Court did not rule for or against Title 42 in this case or decide whether the states could join the lawsuit. The D.C.
Summary: written with AI from the case record.
What it's about
The states sought to challenge a lower court's order that directed the Biden administration to end the policy.
It grew out of a national fight over Title 42, a Trump-era border policy that allowed immigration officials to quickly turn away asylum seekers for public-health reasons.
Question presented
Whether several states can intervene to defend Title 42, a Trump-era border policy that allowed immigration officials to quickly turn away asylum seekers for public health reasons.
What the Court decided
Holding
Decided May 18, 2023 The December 16, 2022 order of the United States Court of Appeals for the District of Columbia Circuit denying petitioners’ motion to intervene is vacated, and the case is remanded to that court with instructions to dismiss the motion as moot.
- Result
- Vacated
The vote
- Majority author
- Neil Gorsuch
What's next
The D.C. Circuit must follow the Supreme Court's instructions and throw out the states' request to join the case because the dispute is no longer live. The Supreme Court has finished this docket action.
Why it matters
Circuit must throw out the request because the dispute is no longer live.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
New analysis added
Opinion added: Mayorkas
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Opinion added: Opinion
Brief added: Reply
Brief added: Questions Presented
More questions
- What was Arizona v. Mayorkas about?
- Arizona and several states sought to join a lawsuit defending Title 42, which let immigration officials quickly turn away asylum seekers for public-health reasons.
- What did the Supreme Court do in Arizona v. Mayorkas?
- It wiped out the D.C. Circuit's order (vacated it), sent the case back (remanded it), and ordered the request thrown out as moot.
- Did the Court decide whether the states could join the case?
- No; it did not decide whether the states could join the case. It ordered the D.C. Circuit to throw out the request because the dispute was no longer live.
- What happens next in Arizona v. Mayorkas?
- The D.C. Circuit must follow the instructions and throw out the states' request to join the case. The Supreme Court's docket action is finished.
- Who disagreed with the Supreme Court's action in Arizona v. Mayorkas?
- Justice Jackson disagreed (dissented) with wiping out the D.C. Circuit's order and would have ended Supreme Court review instead. Justice Gorsuch issued a statement.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.