It was just last month that Brett Kavanaugh gave his explanation for why it was perfectly okay for Homeland Security goons to profile brown people and detain them based on nothing more than the color of their skin. While his cowardly colleagues in the majority on that shadow docket decision refused to explain their thinking, Kavanaugh actually wrote a concurrence that was so out of touch with reality as to be embarrassing. But at least it was an explanation.

The key bit from him that has stood out is this:

Importantly, reasonable suspicion means only that immigration officers may briefly stop the individual and inquire about immigration status. If the person is a U. S. citizen or otherwise lawfully in the United States, that individual will be free to go after the brief encounter. Only if the person is illegally in the United States may the stop lead to further immigration proceedings.

It’s this weird, privileged, out-of-touch statement that if ICE or CBP stop you for being brown, they’ll let you go as soon as you show them that you’re an American citizen. Of course, we knew at the time that wasn’t true. Hell, there were details that Kavanaugh ignored in that very lawsuit, which Justice Sotomayor called out in her dissent. But literally in this very lawsuit was the documentation of how it wasn’t so simple:

To give just one example, Plaintiff Jason Brian Gavidia is a U.S. citizen who was born and raised in East Los Angeles and identifies as Latino. On the afternoon of June 12, he stepped onto the sidewalk outside of a tow yard in Montebello, California, where he saw agents carrying handguns and military-style rifles. One agent ordered him to “Stop right there” while another “ran towards [him].” The agents repeatedly asked Gavidia whether he is American—and they repeatedly ignored his answer: “I am an American.” The agents asked Gavidia what hospital he was born in—and he explained that he did not know which hospital. “The agents forcefully pushed [Gavidia] up against the metal gated fence, put [his] hands behind [his] back, and twisted [his] arm.” An agent asked again, “What hospital were you born in?” Gavidia again explained that he did not know which hospital and said “East L.A.” He then told the agents he could show them his Real ID. The agents took Gavidia’s ID and his phone and kept his phone for 20 minutes. They never returned his ID.

Drexel law professor Anil Kalhan quickly dubbed these bullshit pretextual stops of US citizens as “Kavanaugh stops” and the name has stuck....

It feels like every day we hear about another few:

ICE violently detain father & son walking to school—teenage boy had to be rushed to hospital.

"I was just going to school," kid cries out. "I'm underage!"

The 16-year-old star athlete is a U.S. citizen—agents sent him to the hospital with severe injuries to his back & neck.

Houston, Texas.

— LongTime🤓FirstTime👨‍💻 (@longtimehistory.bsky.social) 2025-10-27T20:14:38.989Z

......But, for now at least, that stain should stick to Brett Kavanaugh. He’s justified this. He’s insisted these kinds of stops are no big deal, even as there was evidence then, and even with more mounting evidence now, that immigration officials don’t give a shit if you are an American citizen. If you’re darker skinned, they can treat you like shit, lock you up, beat you up, ignore your protestations and even evidence of American citizenship.

It is a deep, dark stain on America as a supposed land of freedom, and it should be tied up with Brett Kavanaugh’s legacy forever.