As already reported on The BFD, a slim majority of activist judges on Australia’s High Court have handed down a shocking decision that threatens to impose a new regime of magic-inspired “progressive” racism in Australian law. By virtue of just four judges, Australia is now in the situation where non-citizen, non-Australian-born criminals are immune from deportation, so long as they can claim “Aboriginal descent” (no matter how tenuous). Legal commentators have rightly called it the “most radical instance of judicial activism in Australian history”.

Luckily, the Morrison government isn’t about to take it lying down.

Home Affairs Minister Peter Dutton has opened the door to introducing new legislation to “rectify” the ramifications of a High Court ruling that Indigenous Australians born overseas could not be deported from Australia.

After the High Court found on Tuesday that Aboriginal people could not be considered “aliens” and ­deported on character grounds, even if they were not citizens, Mr Dutton said the Attorney-General and legal counsel within the Home Affairs department were “having a look at it (the court ruling) at the moment” about how to respond.

As Dutton rightly points out, this is legalised racism which privileges just one group above any other in Australian society – on no other basis than a magical “spiritual connection to the land”.

“I think there’s significant repercussions. It essentially creates another class of people which I think is a very bad thing,” Mr Dutton told 2GB Radio.

“Obviously we’ve got to adhere to the law and they’ve interpreted the constitution, but for us it makes it harder and there may be other areas particularly around citizenship or claims that people can now make and no doubt lawyers will try and exploit that[…]Obviously when we cancel a visa for somebody under section 501 of the migration act … we do that with the head of power, what’s called a head of power from the constitution, and that’s the aliens power.

“So most countries exert that sovereign right that they’ve got their own citizens and then … aliens, that is people that aren’t Australian citizens.

“We have the ability to cancel their visas and to deport them from the country and what the high court has said here is that they are creating another class of people and that that power within the constitution doesn’t apply to them.

The High Court’s decision is also sparking palpable panic among promoters of so-called “Recognition”.

Constitutional experts say a landmark High Court decision should not “spook” people about constitutional recognition of indigenous people[…]University of Sydney constitu­tional law professor Anne Two­mey said it would be unfortunate and, in her view, unwarranted if the High Court decision this week made people fear constitutional reform because of how it could be interpreted by judges.

Quite the contrary. This judgement illustrates exactly why so many people are opposed to constitutional recognition, or a constitutionally-mandated “Aboriginal voice to parliament”.

Not only would an “Aboriginal voice” impose a racist Aboriginal ethnostate on Australia, “recognition” would be the sort of free pass judicial activists and race-baiting lawfarers dream of. If a handful of judges are going to run amok with the slimmest constitutional justification now, imagine the havoc they’d wreak if they had explicit constitutional grounds to impose “progressive” racial separatism?

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