On the basis of things that are widely reported in the news. https://nypost.com/2021/07/22/buses-leaving-texas-border-town-packed-with-illegal-migrants/ … https://www.yahoo.com/entertainment/border-migrants-dropped-off-bus-002333146.html …https://twitter.com/steve_vladeck/status/1420517658055872513 …
Raising federal policy on COVID is absolutely something that would come up in litigation, especially if this is framed as a rational-basis style of argument about the reasonability of suspicion.
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OK... So not a defense of the wisdom of the policy, just a defense of the constitutionality (on the administration's legal logic)?
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There's a doctrine for determining reasonable suspicion. It's called reasonable suspicion.
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Baseball is very clear: The Abbott policy of stop and arrest people for being brown is just fine ein him because COVID.
End of conversation
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