Brett Kavanaugh has become Trump's chief enabler on the Supreme Court, issuing controversial opinions that advance key parts of the former president's radical agenda. While Justices Clarence Thomas and Samuel Alito have voted to support Trump in 89% and 88% of cases this session, Kavanaugh's 76% rating masks his outsized influence through cunning legal reasoning rather than lofty originalism.
On September 8, 2025, Kavanaugh issued a sole concurring opinion in Noem v. Vasquez Perdomo, staying a lower court's temporary restraining order that had restricted ICE from targeting individuals based primarily on race, language, or occupation. He argued that stopping people based on ethnic appearance, speaking Spanish, and holding certain jobs was a “relevant factor” and “common sense” for establishing “reasonable suspicion.” Justice Sonia Sotomayor’s blistering dissent accused the court of legitimizing “racial profiling on a massive scale,” warning that “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.”
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Kavanaugh's Voting Record Compared to Other Conservative Justices
The table below shows the percentage of pro-Trump votes this session for the three most conservative justices.
| Justice | Pro-Trump Vote % |
|---|---|
| Clarence Thomas | 89% |
| Samuel Alito | 88% |
| Brett Kavanaugh | 76% |
Despite a lower overall percentage, Kavanaugh's opinions have proven more consequential in operationalizing Trump's political agenda, including tariffs, birthright citizenship challenges, and civil unrest.
How Kavanaugh's Legal Reasoning Enables Trump's Agenda
Legal scholars have criticized Kavanaugh's “common sense” invocation in Noem v. Vasquez Perdomo as a substitute for evidence. Stanford Law professor Jennifer Chacón noted that his reasoning came “at the expense of facts and evidence.” This pattern of glib justification has emboldened Trump's threats of mass deportations and racial profiling, fracturing Republican leadership ahead of the midterms.
- Kavanaugh's ruling allows ICE to consider race and language as factors for stops, overturning prior protections.
- Sotomayor's dissent highlights the danger of normalizing racial profiling at a massive scale.
- Legal experts warn that Kavanaugh's opinions prioritize political expediency over constitutional safeguards.
- Impact on Congress – The ruling has renewed debates over birthright citizenship and immigration enforcement.
FAQ: Brett Kavanaugh and the Supreme Court
What did Brett Kavanaugh do in Noem v. Vasquez Perdomo?
Kavanaugh wrote a sole concurring opinion that allowed ICE to use race, language, and occupation as factors for reasonable suspicion, effectively sanctioning racial profiling.
Why is Kavanaugh considered Trump's chief enabler?
His creative legal justifications, while not always voting with Trump, have advanced key political issues like immigration enforcement and tariffs, making him more influential than his voting record suggests.
How did other justices vote on this case?
Clarence Thomas and Samuel Alito also voted to support Trump, but Kavanaugh's opinion was the decisive swing vote that enabled the ruling.
Kavanaugh's role as chief enabler raises profound questions about the Supreme Court's independence and its alignment with presidential power. As Trump continues to push the boundaries of executive authority, Kavanaugh's opinions will remain central to the nation's legal and political landscape.
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