{"id":62233,"date":"2025-11-01T07:36:57","date_gmt":"2025-11-01T12:36:57","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62233"},"modified":"2025-11-01T07:36:57","modified_gmt":"2025-11-01T12:36:57","slug":"techdirt-the-kavanaugh-stops-legacy-50-days-170-detained-citizens-zero-answers","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=62233","title":{"rendered":"techdirt: The Kavanaugh Stop\u2019s Legacy: 50 Days, 170+ Detained Citizens, Zero Answers"},"content":{"rendered":"\n

techdirt: The Kavanaugh Stop\u2019s Legacy: 50 Days, 170+ Detained Citizens, Zero Answers<\/a>:<\/p>\n\n\n\n\n\n\n\n

It was just last month that Brett Kavanaugh gave his explanation for why it was perfectly okay for Homeland Security goons to profile brown people and detain them based on nothing more than the color of their skin. While his cowardly colleagues in the majority on that shadow docket decision refused to explain their thinking, Kavanaugh actually wrote a concurrence that was so out of touch with reality as to be embarrassing. But at least it was an explanation.<\/p>\n\n\n\n

The key bit from him that has stood out is this:<\/p>\n\n\n\n

Importantly, reasonable suspicion means only that immigration officers may briefly stop the individual and inquire about immigration status. If the person is a U. S. citizen or otherwise lawfully in the United States, that individual will be free to go after the brief encounter. Only if the person is illegally in the United States may the stop lead to further immigration proceedings.<\/p>\n\n\n\n

It\u2019s this weird, privileged, out-of-touch statement that if ICE or CBP stop you for being brown, they\u2019ll let you go as soon as you show them that you\u2019re an American citizen. Of course, we knew at the time that wasn\u2019t true. Hell, there were details that Kavanaugh ignored in that very lawsuit, which Justice Sotomayor called out in her dissent. But literally in this very lawsuit was the documentation of how it wasn\u2019t so simple: \u2026<\/p>\n\n\n\n

[So, was DoJ lying to SCOTUS or was Kavanaugh just making it up? I’ll give him the benefit of the doubt since DoJ’s track record on telling the truth has suddenly become bad.]<\/p>\n","protected":false},"excerpt":{"rendered":"

techdirt: The Kavanaugh Stop\u2019s Legacy: 50 Days, 170+ Detained Citizens, Zero Answers:<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[107,35,83],"tags":[],"class_list":["post-62233","post","type-post","status-publish","format-standard","hentry","category-immigration-arrests","category-reasonable-suspicion","category-scotus"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62233","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=62233"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62233\/revisions"}],"predecessor-version":[{"id":62234,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62233\/revisions\/62234"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62233"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62233"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62233"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}