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.”
