SCOTUS, ICE Raids & The Matter of Facts
There is a lot one can say about today’s Supreme Court order lifting the stay issued by a federal district court in Noem v Vasquez Perdomo,[i]. This is the case that challenges the constitutionality of DHS immigration raids in California in which officers appear to rely on racial and language profiling to justify stops and arrests of suspected undocumented migrants. The District Court issued a stay, pausing the raids while the merits of the Administration’s policy are litigated. The Trump Administration of course appealed the stay order. Today the Supreme Court lifted the stay, allowing the raids to continue during the pendency of the litigation.
It’s important to note that the Court lifted the stay without explaining its rationale for doing so – another consequential decision on the Court’s “shadow docket,” that defers to President Trump’s policy decisions before a full trial on the merits. But what we do have is a “concurring opinion” offered solely by Justice Kavanaugh. And it is a doozy.
No comments:
Post a Comment