Brett Kavanaugh Biography Flash a weekly Biography.
Justice Brett Kavanaugh has found himself at the center of significant controversy and renewed scrutiny in recent weeks, particularly surrounding his judicial reasoning on immigration enforcement and civil rights protections.
The most prominent development involves what legal observers are now calling "Kavanaugh Stops" following his concurrence in the summer case Noem v. Vasquez Perdomo. According to reporting from Mother Jones, Kavanaugh voted to uphold the administration's racial profiling practices in immigration enforcement operations around Los Angeles. In his written opinion, Kavanaugh argued that the practice likely did not violate Fourth Amendment protections, but his reasoning drew sharp criticism for contradicting evidence in the very case he was deciding. Most controversially, Kavanaugh wrote that undocumented immigrants have little legal interest in avoiding unlawful stops since their presence itself constitutes lawbreaking. He also suggested that U.S. citizens faced only "brief" questioning during these stops, a characterization that ProPublica later documented as false through interviews with over 170 citizens who reported being tackled, tased, beaten, and detained without phone calls.
The term "Kavanaugh Stops" gained traction among legal scholars and Democratic lawmakers after law professor Anil Kalhan proposed it on social media. By late December, Kavanaugh issued a cryptic footnote in an unrelated case stating that immigration officers must not make stops based on race or ethnicity, but observers view this as inadequate damage control given his earlier opinion's practical effect.
Meanwhile, the Supreme Court's docket continues to keep Kavanaugh occupied. According to SCOTUS Blog, January features significant criminal law arguments, with Wolford v. Lopez scheduled for January 20th being the most substantial criminal case this month. Additionally, two cases addressing transgender rights, West Virginia v. B.P.J. and Little v. Hecox, are generating considerable attention and were heard earlier this month. SCOTUS Blog suggests Justice Barrett may play an increasingly influential role in these deliberations.
Looking ahead, Justice Thomas is scheduled to speak at the J. Reuben Clark Annual Conference at American University's Washington College of Law in late February.
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