In what’s become increasingly common practice in recentmonths, the Supreme Court recently used its “emergency docket” to lift a lower court injunction barring the use of racial profiling by federal immigration officials. The Court’s order allows ICE officers in Los Angeles to continue aggressive “roving patrols” and detention practices based on a person’sappearance.

While the Court’s order was unsigned, it was accompanied by a rare concurring opinion by Justice Brett Kavanaugh, who argued on both procedural and substantive grounds that the raids are legal.

In this episode, Washington Monthly Legal Affairs Editor Garrett Epps speaks with contributing writer Peter Shane about theflaws in Kavanaugh’s reasoning. Chapters

00:00 Supreme Court's Decision on Racial Profiling

06:55 Justice Kavanaugh's Opinion and Its Implications

14:02 The Concept of Standing in Legal Cases

20:18 The Broader Impact of ICE's Targeting Practices

24:52 Concluding Thoughts on Civil Liberties and the Court's Role