In a recent Supreme Court decision, Justice Brett Kavanaugh defended the profiling and detaining of individuals based on skin color, stating it was permissible for immigration officers to briefly stop people to check their immigration status. This stance, detailed in a shadow docket decision, has sparked widespread controversy and concern. Kavanaugh's opinion suggests that such stops are minor inconveniences that end quickly if the person can prove they are legally in the U.S. However, real-world instances starkly contradict this narrative.

Take the case of Jason Brian Gavidia, a U.S. citizen born in Los Angeles, who was aggressively detained by agents despite repeatedly affirming his American citizenship. His ordeal was not an isolated incident. According to reports, over 170 U.S. citizens have been detained under similar circumstances since the ruling, with the majority being Latino. These incidents, which have been termed "Kavanaugh stops" by Drexel law professor Anil Kalhan, exemplify the dangerous and discriminatory enforcement practices endorsed by Kavanaugh's decision.

Legal journalists and scholars have criticized Kavanaugh for his views, which seem disconnected from the harsh realities these policies create. Chris Geidner, a notable legal journalist, highlighted the ongoing issue in a recent piece, pointing out the gap between Kavanaugh's theoretical legal justifications and the actual experiences of those subjected to these stops.

Despite multiple inquiries directed at Justice Kavanaugh regarding the impact and justification of these stops, including specific cases of excessive force and wrongful detention, there has been a notable lack of response from him or his office. This silence raises serious questions about accountability and the willingness of the judiciary to reconsider or acknowledge the implications of their decisions.

The Supreme Court's endorsement of such practices calls to mind other infamous decisions in American history, such as Dred Scott and Korematsu, which were later recognized as deeply flawed and discriminatory. The ongoing Kavanaugh stops not only challenge the integrity of the justice system but also undermine America's foundational principles of civil liberties and equal protection under the law.

As the legal community and the public continue to scrutinize these issues, the hope remains that the Supreme Court will address and rectify the injustices that have arisen from this decision. However, until then, the legacy of Kavanaugh stops remains a stain on the notion of justice and equality in the United States.

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This article originally appeared on Above the Law.