“We must not pretend that the countless people who are routinely targeted by police are ‘isolated,’” she wrote. “They are the canaries in the coal mine whose deaths, civil and literal, warn us that no one can breathe in this atmosphere. They are the ones who recognize that unlawful police stops corrode all our civil liberties and threaten all our lives. Until their voices matter, too, our justice system will continue to be anything but.”
In her dissent to the ruling in Utah v. Strieff, which revolved on the matter of reasonable suspicion, Sotomayor cited James Baldwin’s The Fire Next Time, W.E.B. Du Bois’s The Souls of Black Folks and Ta-Nehisi Coates’s Between the World and Me to describe what’s it’s like to live in constant fear of “suspicionless stops” as a person of color.
“Although many Americans have been stopped for speeding or jaywalking, few may realize how degrading a stop can be when the officer is looking for more,” wrote Sotomayor. “This Court has allowed an officer to stop you for whatever reason he wants — so long as he can point to a pretextual justification after the fact.”
Sotomayor said the court’s ruling had essentially classified all Americans as inmates in the prison-industrial complex.
“By legitimizing the conduct that produces this double consciousness, this case tells everyone, white and black, guilty and innocent, that an officer can verify your legal status at any time,” Sotomayor wrote. “It says that your body is subject to invasion while courts excuse the violation of your rights. It implies that you are not a citizen of a democracy but the subject of a carceral state, just waiting to be cataloged."
I will say that Sotomayor is crushing it with her dissents on these issues. The way she writes, it's just so powerful. She is why I am just DONE with people who say things like, "well, this judicial appointee seems reasonable, s/he seems to follow the law." Which is the crap even people on the left used to throw in the towel on Gorsuch. Fuck that shit. "The law" is not some sacred principle that must be upheld at all costs. We need justices on the court like her that care about justice, not "the law."
Not that it tempers a horrid decision, but wasn't this announced in June 2016?
You are correct. I saw the RS come down my feed and when I googled the NYT article also came up. I saw June 20 but didn't register last year. It's still a horrid decision, albeit not as new of one as I first supposed with the SCOTUS decisions coming down. I'm sure we discussed it when it came down.
It's things like this that reinforce my belief in punishment for evil doers. One of my favorite books of the Bible is Habakkuk, in which Habakkuk is asking God, "Do you see all this evil?" And God's all, "Don't worry, they'll get what's coming to them."