{"id":61871,"date":"2025-09-10T10:54:38","date_gmt":"2025-09-10T15:54:38","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61871"},"modified":"2025-09-10T18:58:41","modified_gmt":"2025-09-10T23:58:41","slug":"abaj-kavanaugh-cites-precedent-common-sense-in-supporting-scotus-order-allowing-immigration-stops","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61871","title":{"rendered":"ABAJ: Kavanaugh cites precedent, ‘common sense’ in supporting SCOTUS order allowing immigration stops"},"content":{"rendered":"\n

ABAJ: Kavanaugh cites precedent, ‘common sense’ in supporting SCOTUS order allowing immigration stops<\/a> by Debra Cassens Weiss (\u201cJustice Brett Kavanaugh explained his agreement with a U.S. Supreme Court stay on Monday that allowed the federal government to continue making immigration stops in the Los Angeles area based on factors that include apparent ethnicity and the type of work done. In a concurrence, Kavanaugh said apparent ethnicity alone does not justify reasonable suspicion supporting an immigration stop, but it can be a relevant factor when combined with other factors.\u201d)<\/p>\n\n\n\n

The Atlantic: The Government Wants to See Your Papers<\/a> by Tom Nichols (\u201cAnd the Supreme Court decides that the Fourth Amendment might not be for everyone.\u201d “‘You there. Stop what you\u2019re doing. Take off that tool belt and hard hat\u2014let\u2019s see some ID. Why? Because we don\u2019t think you\u2019re a citizen. Now show us your papers.<\/em>‘ This kind of behavior by government officials is now legal in the United States.”)<\/p>\n\n\n\n

MSNBC: Supreme Court\u2019s Fourth Amendment order highlights the shadow docket problem<\/a> by Jordan Rubin:<\/p>\n\n\n\n\n\n\n\n

Justice Brett Kavanaugh made a case last week for ditching the \u201cshadow docket\u201d label to describe Supreme Court actions. It was an unconvincing case when he made it, and it became even less convincing just a few days later, when he was the only justice Monday to explain his decision to grant the Trump administration relief in a Fourth Amendment case.<\/p>\n\n\n\n

The case, called Noem v. Vasquez Perdomo, is emblematic of issues that give the shadow docket its bad name.<\/p>\n\n\n\n

The administration filed an application back on Aug. 7, seeking to lift a restraining order that blocked racial profiling by immigration agents in Los Angeles. Plaintiffs who secured the lower court order filed their opposition brief Aug. 12, and the administration filed its final reply brief to the justices a day later.<\/p>\n\n\n\n

Yet, that apparently didn\u2019t leave enough time for the high court\u2019s Republican-appointed majority to craft a publishable explanation for why it decided to side with the administration on Monday.<\/p>\n","protected":false},"excerpt":{"rendered":"

ABAJ: Kavanaugh cites precedent, ‘common sense’ in supporting SCOTUS order allowing immigration stops by Debra Cassens Weiss (\u201cJustice Brett Kavanaugh explained his agreement with a U.S. Supreme Court stay on Monday that allowed the federal government to continue making immigration … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[107,83],"tags":[],"class_list":["post-61871","post","type-post","status-publish","format-standard","hentry","category-immigration-arrests","category-scotus"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61871","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=61871"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61871\/revisions"}],"predecessor-version":[{"id":61877,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61871\/revisions\/61877"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61871"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61871"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61871"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}