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On Monday, the Supreme Court’s six conservatives legalized racial profiling, allowing ICE to snatch any non-white person off the street and lock them up until they “prove” their citizenship.
And they did it on the shadow docket, simply mumbling that the lower court’s order was “stayed pending the disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought.”
This was clearly a calculation by five justices that it was better to remain silent and be thought of as a bunch of racist hacks with no regard for law or precedent than to speak out and remove all doubt. But Justice Kavanaugh, channeling his inner Col. Jessup, refused to sign on to the plan.
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Kavanaugh penned a concurrence confirming that, yes, the conservative justices are motivated by gutter racism. And they absolutely do intend to shred five decades of Fourth Amendment jurisprudence to make it happen.
YOU’RE GODDAMN RIGHT THEY ORDERED THE CONSTITUTIONAL CODE RED, SON! And they’ll do it again.
Perdomo v. Noem
In June, the Trump administration unleashed wave after wave of immigration sweeps in Los Angeles. The footage of heavily-armed, masked men in tactical gear indiscriminately detaining every brown person they could get their hands on shocked the country.
Multiple men who were detained, along with several immigrant rights groups, sued in federal court seeking to block the dragnets, and on July 11, Judge Maame Frimpong issued a 52-page order enjoining the government from using race as a basis for stopping individuals and demanding proof of citizenship. Specifically, she barred “detentive stops in this District unless the agent or officer has reasonable suspicion that the person to be stopped is within the United States in violation of US immigration law.”
