The Fourth Amendment will bend and break in those uncomplicated shadows
By 
Add the Fourth Amendment to the pyre the Republicans on the Supreme Court are building out of the constitutional restraints on the executive:
The U.S. Supreme Court on Monday loosened restrictions on immigration raids in Los Angeles that a judge put in place after finding that federal authorities were likely using illegal racial-profiling tactics.
The court, in a brief unsigned order, granted an emergency request by the Trump administration to remove the limits while litigation continues. Government lawyers had argued the lower court had improperly interfered with agents’ ability to conduct immigration enforcement in a high-priority metropolitan area that harbors a large population of immigrants who are in the U.S. without permission.
The majority didn’t explain its reasoning, but Justice Brett Kavanaugh wrote a concurrence to explain his view that the Trump administration had made strong arguments. He said it was “common sense” and consistent with court precedent for federal officers to conduct immigration checks in parts of Los Angeles where violations were most likely, such as where day laborers gather looking for work.
Sotomayor’s dissent summarizes the logic and consequences of the Court’s unreasoned order:
Kavanaugh’s concurrence — some crude, dishonest, partisan policy arguments concluding with a grimly greasy pean to judicial restraint, which makes you understand why the other Republicans on the Court prefer to remain silent in these cases — tries to minimize the Court’s green light to racial profiling by asserting that “[i]f the officers learn that the individual they stopped is a U. S. citizen or otherwise lawfully in the United States, they promptly let the individual go.” As Sotomayor says, this is completely at odds with the facts of the cases under consideration:
Kavanaugh also asserts that the Court is not approving of racial profiling, but again the four factors the government is now allowed to use very clearly permit it:
Admittedly, because the Republican Party is a working people’s party now racial biases are permitted to be used alongside class biases.
The “emergency” in this case that purportedly justifies the use of the shadow document is the executive branch not being allowed to search people arbitrarily based on their race and class. By the way, whatever happened to “[t]he way to stop discrimination on the basis of race is to stop discriminating on the basis of race?” When it comes to invidious discrimination, apparently, the Constitution is no longer “colorblind.”
The Court is itself the emergency.
