Earlier this month, the Supreme Court of the United States (SCOTUS) issued a stay on an emergency basis in Noem v. Perdomo. Justice Brett Kavanaugh's statement in that case inspired UC Law Professor Rory Little to write a piece for SCOTUSblog on its potential implications in areas beyond immigration enforcement, including firearms law. He joins the show to elaborate on why he finds Kavanaugh's reasoning dangerous.

Little said Kavanaugh's holding that immigration agents could use a person's apparent race, accent, and location as justification to detain them is troubling. He argued the idea that agents should be able to involuntarily stop and question somebody based on the idea that some percentage of similarly situated people may have broken the law could be turned on all sorts of people. He used gun shows as a prime example, arguing they primarily attract white men and can sometimes be the site of illegal sales.

He argued an administration taking an aggressive approach to federal gun law enforcement could use Kavanaugh's logic to detain and question everyone at a gun show in hopes of catching the few that may be breaking the law. Little said that moving from a probable cause standard for detentions that relies on individualized suspicion to one based on demographics or probabilities would have far-reaching consequences for all sorts of Americans. He argued it's difficult to see how Kavanaugh's logic could be contained to immigration either, though he also emphasized Perdomo is still at a preliminary stage and other members of the majority haven't fully articulated their view on the matter.

Special Guest: Rory Little.