Originally Posted by Rod Kaufman
As usual, SCOTUS today sides yet again with Trump WITHOUT EXPLANATION:
"Supreme Court allows Trump to continue ‘roving’ ICE patrols in California"
"The Supreme Court on Monday backed President Donald Trump’s push to allow immigration enforcement officials to continue what critics describe as “roving patrols” in Southern California that lower courts said likely violated the Fourth Amendment."
"The court did not offer an explanation for its decision, which came over a sharp dissent from the three liberal justices."
In a terse statement, the man who has perfected the art of a distinction without a difference, Bret Kavanaugh, had this to say:
“To be clear, apparent ethnicity alone cannot furnish reasonable suspicion; under this court’s case law regarding immigration stops, however, it can be a ‘relevant factor’...:"
"The court itself offered only a single paragraph of boilerplate language in siding with Trump."
“The court’s order is troubling for another reason: It is entirely unexplained,” Sotomayor wrote. “In the last eight months, this court’s appetite to circumvent the ordinary appellate process and weigh in on important issues has grown exponentially.”
https://www.cnn.com/2025/09/08/politics/supreme-court-ice-patrols-california
First - "WITHOUT EXPLANATION" Sorry but CNN lied to you, again. Kavanaugh explains himself in detail, see pages 1-10 here: https://www.supremecourt.gov/opinions/24pdf/25a169_5h25.pdf
Next, other than the fact that Trump supports the roving patrols, do you have a problem with the policy? In other words, if ICE can not inquire into the immigration status of Hispanics who are speaking Spanish while hanging out at the Home Depot looking for work (as they do near my Denver home), who can ICE talk to? Is the answer in your opinion "nobody?"
To be sure, probable cause and the lesser standard of reasonable suspicion are deep and difficult subjects. If you want to carve out and defend the position that ICE can not make any immigration status inquiries whatsoever unless, (for example) the suspect is caught committing an unrelated crime, then go for it. I think that is a defensible, although incorrect, position. I am quite certain that there exist activists out there do not want ICE to have the authority to question or arrest anyone.
I am not lumping you into that group, and indeed, I think that extreme is a legally indefensible position.
On the procedure, I hope you realize that this was a preliminary hearing on an emergency docket. These are the steps that have happened so far:
1. Trump institutes a policy
2. A District Court in California enjoins enforcement of the policy.
3. The Supreme Court basically says "No an injunction is not appropriate", and then they offer a detailed explanation of why not.
I do not think it is reasonable to fault Kavanaugh or the majority for issuing a short (10 page) ruling in a very preliminary/emergency matter. 10 pages of detailed explanation is more than customary at this stage in a litigation. Sotomayor is being very political. A full opinion will follow when the actual factual issues are resolved and when the legal issues are fully briefed. Once again, the only thing that has happened so far is that the District Court entered an injunction and the Supreme Court lifted it. No one has ruled on whether or not the government's policy violates the 4th Amendment.
No one.
Even so, you and CNN reflexively act like a final determination has been made. No final determination has been made. None. You understand this right? It makes a big difference and is why the Supreme Court issues short rulings, or no rulings in this type of emergency hearing.
Even though Justice Kavanaugh did not need to say anything in support of this decision, I agree with what he said! Please read pages 1-10 of this opinion, and let me know if you disagree with objectively disagree with Kavanaugh. ("No explanation..."

BS, the decision is very well explained.)
https://www.supremecourt.gov/opinions/24pdf/25a169_5h25.pdf
I am curious if anyone here reads pages 1-10 and objectively disagrees with Kavanaugh on this one.