The Senate confirming Amy Coney Barrett to the Supreme Court was a defining moment.
But there was a big twist.
The Supreme Court just did Joe Biden this favor that signaled one big change.
At the end of this current term the Supreme Court’s handed down a number of 9-0 decisions.
The latest unanimous ruling came when the Court rejected the ability of illegal aliens living in America under Temporary Protected Status from receiving amnesty in the form of a green card.
In a surprising turn, the Biden administration defended this statute infuriating open borders activists.
Liberal Justice Elena Kagan wrote the unanimous opinion.
Kagan cited the “plain terms” of the relevant law made this an open and shut case.
“Section 1255, applied according to its plain terms, prevents Sanchez from becoming an LPR. There is no dispute that Sanchez ‘entered the United States in the late 1990s unlawfully, without inspection,’” Kagan wrote.
Kagan explained that the facts of the case showed that the illegal alien in question did not enter the country legally and was therefore denied from applying for a green card.
“But as earlier described, §1255 requires an LPR applicant like Sanchez to have entered the country ‘lawful[ly],’ with ‘inspection’—that is, to have been admitted,” Kagan added. “Indeed, §1255 imposes an admission requirement twice over. Its principal provision states that an applicant for LPR status must have been ‘inspected and admitted or paroled into the United States.’”
Kagan wrote for the Court that the provisions of the law about illegal aliens working in America combined with the fact they illegally entered the country made it clear they could not receive a green card.
“And another provision says that a person who has worked without authorization in the country—as Sanchez did for several years—may become an LPR only if his presence in the United States is ‘pursuant to a lawful admission.’ §1255(k). Sanchez has never claimed that he can, without aid from the TPS provision, satisfy those demands for admission. A straightforward application of §1255 thus supports the Government’s decision to deny him LPR status.”
The number of unanimous 9-0 decisions this term surprised many Supreme Court observers.
There is speculation that the Court is sending a message by speaking in one voice in so many cases.
After the Senate confirmed Amy Coney Barrett to the Supreme Court, many Democrats immediately claimed to support packing the Supreme Court as an act of retaliation.
Members of both the House and Senate introduced legislation this year to pack the Court by adding as many as six new liberal justices.
Even liberal justices like Ruth Bader Ginsburg and Stephen Breyer oppose court-packing arguing that it would destroy the Court’s legitimacy if one political party legislated themselves a majority.
The number of 9-0 decisions could be the justices’ way of telling members of Congress that support court-packing to back off.
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