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The shadow docket ruling Melissa Murray says brings us ‘dangerously close’ to ‘real tyranny’
MSNBC· 2025-09-13 19:45
Legal Analysis of Immigration Enforcement - The court's shadow docket decision allows the federal government to use criteria like speaking Spanish or working a low-wage job as reasonable suspicion for unlawful presence [5] - Justice Kavanaugh's concurrence questions whether challengers have standing to bring the case, requiring proof of injury from the defendant's actions [6] - Challenging the use of these criteria in court requires showing unlawful detention, making justice "after the fact" and difficult for low-wage workers [8][9][10] - The decision licenses the use of these criteria and makes it harder for individuals to challenge it [10] Constitutional Rights and Government Power - The Constitution aims to diffuse government power to prevent tyranny and protect individual rights [20] - Requiring individuals to carry passports resembles practices in Europe before World War II, raising concerns about government overreach [21] - The government's interest in law enforcement should not outweigh individual rights to personal security and dignity [27] - It is better for many guilty individuals to go free than for one innocent person to be unjustly punished [28] Judicial Scrutiny and Efficiency - The Supreme Court has historically prioritized individual rights over efficiency or expediency [15] - Lower court judges are carefully ruling, but the Supreme Court's decisions without explanation feed the idea of rogue judges [17]