Justice Neil Gorsuch wrote an unusual solo opinion Thursday taking U.S. Supreme Court colleagues and other federal judges to task for allowing the government to “perpetuate” broad emergency powers during the COVID-19 pandemic.

Gorsuch’s extraordinary “statement” came in response to the Supreme Court’s decision to dismiss a dispute related to the since-terminated Title 42 border policy. The dismissal followed the Biden administration’s decision to end the public health emergency underlying the Title 42 policy, which allowed government officials to quickly turn away migrants and asylum seekers at the U.S.-Mexico border.