NEW: Judge Denies USDOJ Motion To Pause Brnovich Immigration Lawsuit Pending US Supreme Court Ruling (READ Order)

A U.S. District Court Judge  today denied the Biden Administration's effort to pause an immigration case filed by Arizona Attorney General Mark Brnovich until after the U.S. Supreme Court rules in Biden v Texas. 

The immigration issue which Judge Michael Liburdi allowed to move forward is the remaining portion of the morphed case filed by the AZAGO challenging a possible COVID vaccine mandate. The USDOJ asked for the stay, claiming that there is significant overlap between the issues in this case and in the Texas case. The Supreme Court is hearing oral argument in the Biden v Texas case next week and will decide it on an expedited basis.

Liburdi agreed with Brnovich that the overlap is overstated.

Plaintiffs’ arguments are the more persuasive ones. Although the Supreme Court’s decision in Texas may have some bearing on the claims at issue here, particularly with regard to the meaning of § 1225(b), there is no guarantee the Court will address that issue. Even if the Court does address the meaning of § 1225, because there are several claims at issue in this case that are not implicated in Texas, granting a stay would only minimally conserve judicial resources and simplify the “issues, proof, or questions of law” implicated here. Further, Defendants’ contention “that the Supreme Court may soon issue a dispositive opinion” in Texas “cuts both ways . . . because an imminent resolution means that the parties will not spend considerable time or resources before the Supreme Court acts.” (citations omitted)

Liburdi notes that the Biden Administration's motion to dismiss the immigration related counts is still pending. 

 This article was reported by AZ Law founder Paul Weich. Paul is currently running for a seat in Arizona's House of Representatives.

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