Will Baude

We don't know.

Okay.

Can we just do one more Kavanaugh thing?

Yeah.

Which is towards the end of the opinion, there's a footnote that says...

The state's opposition to deployment of the National Guard appears to stem in part from the state's underlying objections to the activities of federal immigration officers when they make immigration stops and arrests.

And then he gets into the Fourth Amendment.

He says, well, the basic constitutional rules governing that dispute are clear.

Longstanding and clear.

Fourth Amendment requires that immigration stops must be based on reasonable suspicion of illegal presence.

Stops must be brief.

Arrests must be based on probable cause.

Officers may not employ excessive force.

Moreover, the officers must not make interior immigration stops or arrests based on race or ethnicity.

And so this was actually the subject of two posts of mine on the Interim DocuBlock.

The premise of which was this seems a little bit hard to square with Perdomo, which seemed to say, and in fact, correctly based on precedent, that immigration authorities can rely in part on race or ethnicity in determining whom to stop for immigration investigations.

Yep.

Yeah, not mentioned at all.

What did you think?

I mean, I sort of said, is this walking back that case a little bit and walking back his separate opinion in that case a little bit?