Busted: Kavanaugh Admits SCOTUS Really Is Doing Racism
Ugly truth surfaces when one justice breaks ranks
On Monday, the Supreme Court’s six conservatives quietly handed ICE the power to detain anyone who looks “suspicious” until they prove their citizenship.
The majority tried to hide their decision behind the shadow docket — a one-line order with no reasoning, no debate, no explanation. It was judicial cowardice at its most predictable.
But then Brett Kavanaugh opened his mouth.
Support fearless, independent journalism that gets into “good trouble, necessary trouble” by holding power accountable.
The Majority’s Dodge
The six conservatives issued a majority ruling wrapped in a simple four-sentence order containing procedural language and legal jargon. What they avoided was the underlying truth: they had given ICE and Border Patrol a blank check to detain people on suspicion alone.
That was the ploy — bury the racism under legalese.
And then Kavanaugh blew it. He said the quiet part out loud.
Kavanaugh Gets Unmasked
The conservatives thought they had buried the truth under robes and legalese. But just like every Scooby-Doo villain, the disguise didn’t last.
Kavanaugh ended up as the one tied up at the end of the episode — mask ripped off, blurting out exactly what the others tried to hide: ICE and Border Patrol now have virtually unchecked power to detain people based on “apparent” immigration violations, a standard so vague it boils down to skin color, accent, or just looking “foreign.”
In other words, the Court’s conservatives just blessed racial profiling as law enforcement — and Kavanaugh gave away the game.
The Racism Made Plain
Kavanaugh’s candor stripped away the mask. Immigration status isn’t visible. The only way to enforce this ruling is to lean on race, ethnicity, or language as proxies.
That means American citizens who happen to be brown, Black, or Asian can be locked up until they “prove” their right to exist in their own country.
The concurring statement warned of exactly this outcome: legalized racial profiling, backed by the full force of the Supreme Court.
Why Kavanaugh Matters Here
The shadow docket order let his colleagues pretend they weren’t really doing racism, just issuing some bland procedural stay. But Kavanaugh ruined the act.
By spelling out what the majority was enabling, Kavanaugh confirmed what critics have long said: the conservative bloc of the Court is perfectly comfortable weaponizing immigration law in ways that will inevitably sweep up citizens of color.
So while the other five tried to keep their robes clean, Kavanaugh proudly wore the stain.
The Takeaway
The Supreme Court didn’t just quietly tilt immigration enforcement toward racial profiling. Thanks to Kavanaugh, we know it out loud: this Court is doing racism, and it doesn’t care who knows it.
This platform is powered by its readers. While all subscriptions help this space thrive, paid support is what keeps this work independent and ensures every article remains free for all.