Profiling itself is not a 4th Amendment problem While racial profiling can be used to conduct illegal searches or seizures, the fallacy here is that ALL racial profiling is used to conduct random sweeps, pat downs, traffic stops, etc.
In reality, knowing the race of a suspect can help narrow a legitimate search for law enforcement activity, just as height, type of car driving, hair color and facial hair can.
There is no forced dichotomy here. Race should be used in law enforcement only when the evidence clearly supports its use in clear and reasonable circumstances. Race should not be used as a "blank check" by law enforcement to conduct illegal searches.
Judges Write Laws These Days Of course the ACLU stands a chance. Judges are selected to make political decisions, ignore the Law as written and insert their personal beliefs into it.
For this reason, it will be a very simple affair for the ACLU or others to win ruling in virtually every area of contention.
The actual laws of the Land hardly impose any sort of impediment to the personal will of activist judges.