mark francis
Well-Known Member
- Joined
- Jan 15, 2021
- Messages
- 33,685
I still remember when another lying leftist comedian cast dishonest hateful dispersions on Kavanaugh."Earlier this week, the Supremos handed down a one-page order that greenlit federal immigration officers’ use of blatant racial profiling when conducting armed raids in the Los Angeles area. A lower court had temporarily barred ICE from detaining people based solely on factors like “they are speaking Spanish” or “they are day laborers waiting outside Home Depot in the morning.” By blocking that lower court order, the members of the court’s conservative supermajority have once again used the shadow docket to give their very favorite president everything for which he asks. Only the three liberals noted their dissent.
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As is usually the case with the SUPREMOS' pro-Trump shadow docket jurisprudence, the majority did not explain its decision. But one justice, Brett Kavanaugh, wrote a concurring opinion only for himself, which contains—and here I apologize for the legal jargon—some of the stupidest shit I have ever encountered in the U.S. Reports. Over the course of 10 pages, Kavanaugh fumbles his way through the sort of legal and factual analysis that a second-year law student would find a little embarrassing, laced with the affected earnestness of someone whose only conception of hardship is when his vacation home’s cleaning crew gets stuck in traffic. I honestly wonder if none of the other conservatives joined it because, although they agree with the bottom-line result, none of them wanted their names publicly associated with this vapid dreck.
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You can set aside, for a moment, the absurdity of this logic, which has the effect of shielding violent cops from even modest efforts to use the legal system to curb police brutality. As Sotomayor points out in dissent, Lyons was a case about law enforcement officers doing things they were (ostensibly) not supposed to do. This case, four decades later, is about law enforcement officers carrying out Stephen Miller’s explicit orders to hunt down brown people and purge them from the country by any means necessary. Kavanaugh’s logic would not only insulate the government from accountability for its agents’ unauthorized violations of people’s rights, but also for ordering those agents to violate those rights with impunity."
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