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Reason
Reason
Damon Root

Kavanaugh Flouts the Fourth Amendment and Blesses Trump's Racial Profiling

The Trump administration recently asked the U.S. Supreme Court to bless racial profiling by immigration agents, and a majority of the justices have now complied. While this regrettable action is not technically the last legal word on the matter, it is a depressing reminder that the Fourth Amendment right to be free from unreasonable search and seizure regardless of skin color has joined the already too-long list of constitutional rights that the Supreme Court sees fit to disrespect.

Let's review how we got here.

Last month, the U.S. Court of Appeals for the 9th Circuit ruled that the Trump administration's immigration crackdown in Los Angeles "likely" violated the Fourth Amendment rights of multiple U.S. citizens, who were unlawfully seized based solely on such factors as their "apparent race or ethnicity," or the fact that they were "speaking Spanish or speaking English with an accent." The 9th Circuit then upheld a lower court order that temporarily blocked the administration from using such likely illegal tactics while the lawsuit against the government played out in court.

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