Justice Brett Kavanaugh and racial proxies

Brett Kavanaugh’s Lazy Racial Profiling Concurrence Is the Most Honest Originalism He’s Ever Done

There is a reverence to the way law schools teach Supreme Court history: Precedent is everything, so the writings of early justices are paramount. And although John Jay was the first Chief Justice of the United States, and many other influential justices have since held the position, in law school classrooms, it feels like the Court’s cultural founder is Chief Justice John Marshall—the man whose words, “It is emphatically the province and duty o…

Justice Brett Kavanaugh and racial proxies

Immigration Matters is a recurring series by César Cuauhtémoc García Hernández that analyzes the court’s immigration docket, highlighting emerging legal questions about new policy and enforcement practices. Please note that the views of outside contributors do not reflect the official opinions of SCOTUSblog or its staff. The Supreme Court on Sept. 8 lifted a lower court judge’s order prohibiting immigration agents from considering physical appea…