UPDATE, MYSTERIES (MOSTLY) RESOLVED: Fmr AZAG Deputy Solicitor General Ready To Argue "Arizona v. Mayorkas" Title 42 Case In Front Of U.S. Supreme Court... For Louisiana

One of former AZ Attorney General Mark Brnovich's top lieutenants is standing by and ready to argue Arizona v. Mayorkas in front of the U.S. Supreme Court. However, in the wake of last November's election, Drew Ensign will be there on behalf of Louisiana.

Mind you, the U.S. Supreme Court itself is sending out mixed signals on whether or not they are going to hear the case that is a splinter from a challenge to the Biden Administration's on-again, off-again, on-again lifting of using Title 42 as an immigration policy.

Last week, Arizona's Law reported that the Court had REMOVED the case from its March 1 oral arguments calendar.

However, just yesterday, the Court granted a request from the Department of Justice to enlarge the oral arguments. (This caught Arizona's Law's attention, and I was informed that this had also prompted an unresolved discussion in the Supreme Court's media room about what the Justices could be thinking.)

The Arizona portion of the mystery was deepened by why Arizona, under new Attorney General Kris Mayes, was still the lead Petitioner to the Supreme Court. And why *former* Deputy Solicitor General Ensign was still listed as the lead attorney for the coalition of states.

Arizona's Law dug deeper.

New AG Mayes decided NOT to remove Arizona from the Petitioners coalition, but she did turn over the *work* for the coalition to the Louisiana Attorney General. Arizona Chief Deputy Attorney General Dan Barr explained to Arizona's Law that, "on a case by case basis, we determine what role, if any, we want in the case going forward."*

Barr indicated that Ensign is no longer on staff, and is not being paid by the AZ AGO for his work on this case. Ensign lists his new office in central Phoenix. The Louisiana AG's Office tells Arizona's Law "Drew Ensign has joined the Louisiana SG Team and will continue to represent our coalition...  if and when the Supreme Court reschedules oral arguments."

The mystery of whether the Supreme Court will hear the Arizona-named-Louisiana-led Coalition's effort to intervene in the Title 42 challenge remains unresolved.

*We asked Barr this in the context of several cases brought by the Brnovich AGO, and before Yvonne Wingett-Sanchez's blockbuster article on the Attorney General's handling of election-related investigations. His answer stands well for all of these situations.

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

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