Taking its signal from Justice Kagan’s dissent in a recent immigration case, an Ohio Federal Judge has used Trump and Vance’s frequent use of racial tropes and racist comments, such as calling certain countries “shit holes” (spelled out in the judge’s order) and falsely claiming Haitians were eating our pets, to block an order that denied federal benefits like green cards and work permits to people from underprivileged countries. Popok examines Judge Marbley’s decision and how SCOTUS dissents end up being powerfully used by other district court judges to prove their point.
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