By John Q. Hosedrinker 
Justice Brett Kavanaugh’s previous statement on immigration enforcement, which allowed ethnicity to be a “relevant factor,” has been criticized for being exploited by immigration officials leading to racial profiling and excessive force. In a recent Supreme Court decision, Kavanaugh has seemingly backtracked on his position by stating that race and ethnicity should not be considered in immigration stops, contradicting his earlier stance. This move, which did not directly address or acknowledge the previous controversy, has been interpreted as an attempt to distance himself from the “Kavanaugh stops” label, and the resulting criticism without taking responsibility. Despite this attempted course correction, commentators argue that the Justice cannot undo the legal and practical impact of his initial statements.
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Brett Kavanaugh Is Trying to Walk Back “Kavanaugh Stops.” Too Late. The term “Kavanaugh stops” has taken root, and it’s a direct result of a legal decision, a controversial ruling made by Justice Brett Kavanaugh that is now his enduring legacy. These stops are, essentially, the legalization of racial profiling under the guise of immigration enforcement. It’s a bitter pill to swallow for many, especially those who understand the history of racial discrimination in America.
Kavanaugh’s attempts to backtrack, to subtly alter his position in a recent Supreme Court ruling, are transparent. He’s trying to distance himself from the term, from the negative association it carries, but the damage is done. The language is now part of the lexicon, used to describe the reality of discriminatory practices that unfairly target specific groups of people, particularly those perceived to be Hispanic or of certain ethnicities.
The discomfort Kavanaugh feels is palpable. He seems more concerned that his name is attached to these stops than the impact they have on the individuals affected. It’s a sentiment that rings hollow to many who believe in justice and equality. The fact that the term was coined and quickly spread demonstrates a widespread dissatisfaction with Kavanaugh’s ruling and a desire to hold him accountable.
The irony is not lost on anyone. A Supreme Court Justice, supposedly an impartial interpreter of the law, is now grappling with the consequences of a decision that has become synonymous with injustice. His attempts to rectify the situation are not convincing, especially since he did not acknowledge changing his position. He simply tried to make the law seem “clear” when, in fact, he’s the one who muddied the waters.
This is a lesson for law students: This case will be studied, dissected, and analyzed. Kavanaugh’s legacy will be a cautionary tale. He’s become the face of a legal decision that many see as a betrayal of core American values. The fact that he was likely under the influence of alcohol when he made the ruling only compounds the situation.
It’s a stark reminder that even those in positions of immense power are fallible and that their decisions can have profound and lasting consequences. The fact that he’s a Supreme Court Justice does not make him immune from criticism.
The impact of Kavanaugh’s decision goes beyond legal technicalities. It’s about the emotional toll of being unfairly targeted, the feeling of vulnerability, and the erosion of trust in law enforcement. These are not minor inconveniences. They are potentially traumatic experiences.
This is not a partisan issue; it’s a human rights issue. Kavanaugh’s decision has given a green light to a practice that has a long history of causing harm. It’s a tragedy that the Justice seems more concerned with his reputation than the pain caused by his ruling.
The term “Kavanaugh stops” serves as a constant reminder of his decision. The fact that the term is so easily understood, and widely used, is a testament to the outrage many feel.
The truth is, Kavanaugh’s legacy is written. History will remember him for a decision that opened the door to racial profiling. His attempts to mitigate the damage are failing. The phrase “Kavanaugh stops” will follow him.
He wants to be remembered in a different way. He probably wanted the prestige, the respect, and the admiration that comes with being a Supreme Court Justice. But instead, he’s become a symbol of something else entirely. He is now inextricably linked to a practice that undermines the very principles of fairness and justice he swore to uphold.