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Sotomayor Slams SCOTUS for Unconscionable Racial Profiling Decision

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The Supreme Court on Monday accepted another emergency request from the Trump administration—this time lifting a lower court’s order that prohibited roving immigration agents in Los Angeles from profiling individuals on the basis of race, language, job, or location.

The majority ruled without explanation, while Justice Brett Kavanaugh filed a concurring opinion. Justice Sonia Sotomayor, joined by fellow liberal justices Elena Kagan and Ketanji Brown Jackson, took her conservative colleagues to task in a blistering dissent.

“Countless people in the Los Angeles area have been grabbed, thrown to the ground, and handcuffed simply because of their looks, their accents, and the fact they make a living by doing manual labor,” wrote the court’s eldest liberal justice. “Today, the Court needlessly subjects countless more to these exact same indignities.”

The Fourth Amendment “prohibits exactly what the Government is attempting to do here,” Sotomayor observed, as the Trump administration has “all but declared” Latinos in low-wage jobs “fair game to be seized at any time, taken away from work, and held until they provide proof of their legal status to the agents’ satisfaction.”

Kavanaugh’s concurrence, Sotomayor noted, falsely assumed agents are just conducting “brief stops for questioning” and seizing only undocumented immigrants.

In reality, they “are seizing people using firearms, physical violence, and warehouse detentions,” and whisking away American citizens as well. Further, she wrote, Kavanaugh incorrectly places the burden of proof during immigration stops not on law enforcement but on “an entire class of citizens to carry enough documentation to prove that they deserve to walk freely”—essentially creating “a second-class citizenship status” that is incompatible with the Constitution.

In Trump’s second term, the Supreme Court has repeatedly enabled the president’s lawless excesses via its emergency docket—overruling lower courts that halt his actions, oftentimes, as on Monday, providing little or no explanation. Sotomayor’s dissent railed against these tendencies, calling the decision “yet another grave misuse of our emergency docket,” whose lack of explanation is “troubling.”

“In the last eight months, this Court’s appetite to circumvent the ordinary appellate process and weigh in on important issues has grown exponentially,” she pointed out. “Its interest in explaining itself, unfortunately, has not.”

Whereas there are sometimes good reasons for issuing orders without explanation, other “situations simply cry out for an explanation,” Sotomayor said—“such as when the Government’s conduct flagrantly violates the law, or when lower courts and litigants need guidance about the issues on which they should focus.”

To conclude, Sotomayor wrote that Monday’s ruling means the Fourth Amendment may no longer protect the rights of people “who happen to look a certain way, speak a certain way, and appear to work a certain type of legitimate job that pays very little. Because this is unconscionably irreconcilable with our Nation’s constitutional guarantees, I dissent.”

President Donald Trump was so desperate to claim he’s conquered crime in Washington, D.C., Monday, he dismissed claims of domestic violence.

Speaking to the White House Religious Liberty Commission at the Museum of the Bible, Trump tried to tout some impressive crime reduction numbers in Washington, where he has federalized police and unleashed thousands of National Guard troops.

To support his assertion that crime was down “more than 87 percent,” Trump callously claimed that people were attempting to undermine his success by crying wolf about “much lesser things, things that take place in the home.”

“You know, they’ll do anything in the home to claim something. If a man has a little fight with the wife they’ll say this was a crime, see? So now I can’t claim 100 percent,” Trump said.

Trump’s effort to downplay domestic violence is not only desperate but despicable. Every minute, 24 Americans experience rape, stalking, or physical violence by their partner, and domestic violence results in more than 1,500 deaths every year. Eighty-five percent of victims of intimate partner violence are women, meaning a woman is beaten every nine seconds.

Despite all of Trump’s talk about cracking down on crime, it seems his commitment only goes so far.

Over the past few weeks, the president has been eager to claim victory over violent crime in the capital. Since Trump deployed the National Guard in Washington D.C., violent crime has decreased by just 22 percent. Property crime has decreased considerably though, with carjackings down 83 percent, car thefts down 21 percent, and robberies down 46 percent.

The Trump administration has also been sending mixed messages on its use of National Guard troops. While Trump would like to imagine his crackdown is so complete that there are no more criminals to arrest, Attorney General Pam Bondi keeps touting a running tally of arrests.

At the same time, National Guard troops with no actual work have been tasked with raking up leaves and laying out mulch.

Last week, D.C. sued the Trump administration, alleging that the use of federal troops was “illegal federal overreach.” That lawsuit follows a California judge ruling that Trump’s deployment of troops in Los Angeles in June had violated the Posse Comitatus Act.

President Trump lost to E. Jean Carroll again.

A federal appeals court has rejected the........

© New Republic