The latest missive from the Trump Court
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The latest reminder that Republican legal elites and Donald Trump are represented in the image above:
RBG, dissenting: "Regrettably, the death of Hernández is not an isolated incident…“[w]ithout the possibility of civil liability, the unlikely prospect of discipline or criminal prosecution will not provide a meaningful deterrent to abuse at the border.” pic.twitter.com/DyjrtzhIVw— Scott Lemieux (@LemieuxLGM) February 25, 2020
The faux modesty which Alito drapes over the Court’s latest Trumpism is that while summary executions of innocent brown teenagers by border patrol agents are suboptimal, it is up to Congress to create a legal remedy, not the Courts. Needless to say, when it comes to (say) creating immunity for prosecutors who put innocent people in jail, the Court shows no similar deference to legislative bodies. This is because Republican judges believe in arbitrary state violence against people of color, not “judicial restraint” or the “separation of powers.”