In the final two opinions handed down by the Supreme Court on Thursday, the Biden administration was handed one win and one loss, but it's the loss that has the White House and its allies worried.

In the case Biden won, Biden v. Texas, the Supreme Court, in a 5-4 decision that saw Chief Justice John Roberts and Justice Brett Kavanaugh joining the three liberal justices, ruled that the Biden administration can end the Title 42 program, known as the "Remain in Mexico" policy.

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Previously enacted by the Trump administration, Title 42 used the COVID-19 pandemic to keep immigrants trying to come into the country in Mexico. By using a public health crisis to this effect, the Trump administration was able to curtail some of the heavier immigration numbers the southern border is seeing now.

The win, though, means that Biden can rescind the order, which is likely to put an even greater strain on the border and the federal agents trying to enforce immigration law.


The second case was a major loss for the Biden administration and the federal bureaucracy. In West Virginia v. the Environmental Protection Agency, the Court ruled along ideological lines that “Congress did not grant EPA in Section 111(d) of the Clean Air Act the authority to devise emissions caps based on the generation shifting approach the Agency took in the Clean Power Plan."

Many Democrats have been very outspoken in the wake of the EPA decision, with Sen. Elizabeth Warren blasting the Supreme Court's conservative majority.

The Supreme Court recessed for the term, celebrating Justice Stephen Breyer's last day with the Court and swearing-in Justice Ketanji Brown-Jackson. The Court also took up the case Moore v. Harper, which could greatly impact the power of state legislative bodies in determining election rules in the future.

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