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Opinion Where did all the conservative hand-wringing over judicial restraint go?

Julian Zelizer: A federal judge in Texas ordered the Biden administration to reinstate its predecessor’s “Remain in Mexico” policy. Zelizer says a single judge effectively dictated U.S. immigration and foreign policy in Texas case. He says judicial review of agency decisions or executive orders is not just permissible; it is a fundamental component of the rule of law. Zelizer asks: Is this just griping about decisions I don't like from judges with a judicial philosophy I don’t share? He says it's hard to square that with the court's willingness to intervene when a different district judge blocked a different policy was blocked “remain in Mexican” from taking effect in Louisiana.

Judge strained to ignore statutory language authorizing CDC to take steps “as may be necessary” to limit contagion. She adopted a particularly cramped interpretation of the law’s provision allowing for “sanitation” measures. David Gergen: Conservatives have lectured us for years that judges shouldn’t be substituting their own policy preferences and that courts should be respectful of presidential authority, especially when it comes to foreign affairs. He says lower courts in the case put judges in charge of foreign affairs and immigration policy.