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Justice Brett Kavanaugh’s concurrence in the major racial profiling case that was decided on the Supreme Court’s shadow docket last week, Noem v. Vasquez Perdomo , is wrong on the facts. It’s also wrong on the law, and he writes like a man who knows that he’s never going to be stopped by law enforcement for the color of his skin or the quality of his English. With the stroke of his pen, Kavanaugh justifies expanding what professor Aziz Huq has characterized as “the prerogative state ”—a legal regime that targets vulnerable outsiders—to sweep literally millions of lawful residents and U.S. citizens into Immigration and Customs Enforcement’s ever-increasing dra

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