Feds Fight To Keep Texas Out Of Title 42 Defense

By Jennifer Doherty (December 3, 2021, 9:44 PM EST) -- Texas should not be allowed to defend border expulsions during oral arguments next month, U.S. Department of Justice attorneys told the D.C. Circuit on Friday, highlighting the state's previous failed attempt to intervene in the government's appeal.

Texas is suing the Biden administration in district court over its enforcement of the same expulsion policy, known as Title 42. The Centers for Disease Control and Prevention order authorizes federal officials to eject without due process migrants arriving at the U.S. border, purportedly to limit the spread of COVID-19 within the country.

Nevertheless, Texas has repeatedly sought to back the federal government as it...

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