Reasonable Suspicion

Sketchier is free. Please subscribe to receive notifications when they’re posted.

Chaos is a feature, not a bug, of Trumpism. So many inane and insane things happen—intentionally and not, it’s easy to lose track of them.

Reasonable Suspicion points out that the Supreme Court’s ruling in Noem v. Vasquez Perdomo is an element of chaos that shouldn’t be forgotten. It’s a decision that is both dangerous and terrifying.

Because strips like Sketchier don’t have a lot of space for nuance, I thought it important to provide more context about what Kavanaugh wrote in his concurring opinion. He stated, “To be clear, apparent ethnicity alone cannot furnish reasonable suspicion; under this Court's case law regarding immigration stops, however, it can be a 'relevant factor' when considered along with other salient factors.” He then states that these factors, “taken together can constitute at least reasonable suspicion of illegal presence in the United States.” He then lists those factors as including: the high number and percentage of illegal immigrants in Los Angeles; their tendency to gather in certain locations to seek work; that they often work in certain kinds of jobs; and that they do not speak much English.

As I said, this is a dangerous and terrifying decision. Justice Sotomayor noted this first, writing in her dissent, “We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job. Rather than stand idly by while our constitutional freedoms are lost, I dissent.” For those keeping score at home, Sotomayor is right.

And let’s be real. ICE isn’t using the numerous factors Kavanaugh listed. They are arresting people with no criminal record who are picking up their kids from school, or attending church, or shopping at a grocery store. What captures ICE’s attention is looking Latino and speaking Spanish. That is their reasonable suspicion.

This decision is a part of the Trump chaos that should not be forgotten. Neither should Susan Collins’ role in helping it happen. Thus my inclusion of her in the second panel.

Collins was a critical, if not the critical, vote in Kavanaugh’s confirmation. She did an excellent job of portraying Hamlet as a senator from Maine. She dithered and anguished. She deliberated. Then she voted to give him a lifetime appointment to the Supreme Court based, in large part, on his assuring her that Roe v. Wade is “precedent on a precedent.” We saw how that turned out. A different decision by Collins might have delivered a different outcome in Noem v. Vasquez Perdomo (among a host of others). Collins’ contribution to the Trump chaos circus should be neither forgotten nor excused.

sketchier