Richardson flags something I missed. SCOTUS ruled that Trump could not deploy the National Guard without satisfying the stringent requirements of the Posse Comitatus Act. Basically, unless Congress authorizes martial law, the President may not nationalize the National Guard for law enforcement purposes. What Richardson flagged was Brett "I Like Beet" Kavanaugh wrote in a footnote.
Earlies, Kavanaugh had written a decision allowing people to be stopped for the probable cause of their ethnicity. Guilty on account of being Brown. These became known as "Kavanaugh Stops" which must have stung a bit, because the new footnote reads as follows.
The Fourth Amendment requires that immigration stops must be based on reasonable suspicion of illegal presence, stops must be brief, arrests must be based on probable cause, and officers must not employ excessive force. Moreover, the officers must not make interior immigration stops or arrests based on race or ethnicity.”
We have work to do when it comes to restoring meaningful democracy in this country and for the most part SCOTUS - with its 6-3 Republican majority - stands in the way of that.
However, Kavanaugh clearly amended his previous position either because he felt he was misinterpreted or because the phrase "Kavanaugh Stops" stung.
You can't shame MAGA. Their shamelessness is their super power. But maybe you can shame some of the Republicans that are otherwise enabling this shitshow.
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