Supreme Court Orders Further Briefing on Jurisdiction in Remain in Mexico Case

Official Supreme Court Photo

Last week, the Supreme Court heard oral argument in the “Remain in Mexico” casse.  The Court today entered the following order in the case:

“The parties are directed to file supplemental briefs addressing the following questions: (1) Whether 8 U. S. C. §1252(f)(1) imposes any jurisdictional or remedial limitations on the entry of injunctive relief, declaratory relief, or relief under 5 U. S. C. §706. (2) Whether such limitations are subject to forfeiture. (3) Whether this Court has jurisdiction to consider the merits of the questions presented in this case.”

Are the Justices thinking of disposing of the case on jurisdictional grounds (and avoiding the complex issues raised by the review of one President seeking to dismantle his or her predecessor’s policy)?

KJ