On Tuesday, CBS’s The Late Show with Stephen Colbert became the latest stop on Supreme Court Justice Sonia Sotomayor’s book tour, but the eponymous host got more than he bargained for when his straw man portrayal of a recent decision involving ICE was so bad, even the dissenting liberal justice had to correct him on it.
In his monologue, after talking about President Trump and Jeffrey Epstein, Colbert previewed his interview with Sotomayor, “Trump’s friends aren’t all dead pedophiles. He also has six close pals on the Supreme Court. And yesterday they were at it again. In a courageously unsigned order, the Court is letting ICE agents target people for deportation based on their race or language. What the hell? Wait, are they saying, wait, they can arrest you for speaking Spanish? That's going to ruin karaoke night.”
He added, “My guest tonight, Justice Sonia Sotomayor, the Court's first Hispanic member, issued a blistering dissent, writing the administration has, quote, ‘all but declared that all Latinos, U.S. citizens or not, are fair game to be seized at any time.’ Yes, any Latino could be deported at any moment.”
Later, during the interview, Colbert repeated himself, “Let's talk about the decision yesterday. Yesterday, the Court ruled from that emergency docket that ICE can round up, in this case it was people of Hispanic heritage or who spoke Spanish in the case of Los Angeles and the California ICE arrests or detainments, but really anyone for any reason.”
Sotomayor tried to interrupt, “Well, no. In fairness—”
Colbert wasn’t having it, “I'm not a lawyer, but I'm going to push back here because in this case they're saying those are the circumstances, but isn't the upshot of that if they are looking for reasonable suspicion, which is a much lower bar than probable cause, they could make up new rationales for a different group of people who they feel are associated with some crime that has to be prevented.”
For a second time, Sotomayor tried to push back, “Now, let me stop you. In fairness to the majority, and by the way, I didn't agree with them and—”
However, Colbert then derailed the conversation again, “No, I have your dissent right here.”
Sotomayor reiterated, “No, and I didn't agree with them.” After Colbert added “powerfully,” Sotomayor finally was able to say what she wanted, “Thank you for giving me the adjective. Okay. I didn't agree with them. But they claimed there was more than those two factors: being Latino and speaking Spanish. I don't think the third adds much to the equation, but they do. They say it's because they are working in low-wage jobs.”
A fourth category included locations where illegal immigrants are known to congregate such as bus stops or day labor pickup sites.
Colbert then shifted from misrepresenting the majority opinion to mocking the idea the change made any difference, “So, people with low-wage jobs have fewer protections.”
Sotomayor did not wish to push the issue, “Well, that's what they said. Let's not go any further. Okay. That’s what they said. And they're working at jobs where illegal aliens typically work. That's the claim, all right? Now, I explain and read my dissent, please, you should.”
Colbert obliged, “I will. ‘That decision of the majority is yet another grave misuse of our emergency docket. We should not have to live in a country where the government can seize anyone who looks Latino, speaks Spanish, and appears to work in a low-wage job here rather than stand idly by while our constitutional freedoms are lost. I dissent.’”
Amid a standing ovation from the audience, Colbert pulled out a stack of papers, “I have the whole thing here.”
Even in that reading there is a difference. Sotomayor said “seize,” but Colbert earlier said, “deported.” They are not the same thing. Sotomayor’s position is still pretty out there because it would apply a different set of rules to Trump than previous presidents, but Colbert’s straw man is hysterical and used to delegitimize the Court and cast suspicions on its rulings.
Here is a transcript for the September 9 show:
CBS The Late Show with Stephen Colbert
9/9/2025
11:46 PM ET
STEPHEN COLBERT: Trump’s friends aren’t all dead pedophiles. He also has six close pals on the Supreme Court. And yesterday they were at it again. In a courageously unsigned order, the Court is letting ICE agents target people for deportation based on their race or language. What the hell? Wait, are they saying, wait, they can arrest you for speaking Spanish? That's going to ruin karaoke night. "All right, ma'am, step away from the mic. You're being detained for aggravated 'La Bamba' with intent to 'Despacito.'"
My guest tonight, Justice Sonia Sotomayor, the Court's first Hispanic member, issued a blistering dissent, writing the administration has, quote, "all but declared that all Latinos, U.S. citizens or not, are fair game to be seized at any time." Yes, any Latino could be deported at any moment. Though I think it might be hard for them to find the most famously elusive Latina of all, Carmen San Diego.
…
9/10/2025
12:08 AM ET
COLBERT: Let's talk about the decision yesterday. Yesterday, the Court ruled from that emergency docket that ICE can round up, in this case it was people of Hispanic heritage or who spoke Spanish in the case of Los Angeles and the California ICE arrests or detainments, but really anyone for any reason.
SONIA SOTOMAYOR: Well, no. In fairness—
COLBERT: I'm not a lawyer, but I'm going to push back here—
SOTOMAYOR: All right.
COLBERT: -- because in this case they're saying those are the circumstances, but isn't the upshot of that if they are looking for reasonable suspicion, which is a much lower bar than probable cause, they could make up new rationales for a different group of people who they feel are associated with some crime that has to be prevented.
SOTOMAYOR: Now, let me stop you. In fairness to the majority, and by the way, I didn't agree with them and—
COLBERT: No, I have your dissent right here.
SOTOMAYOR: No, and I didn't agree with them.
COLBERT: Powerfully.
SOTOMAYOR: Thank you for giving me the adjective. Okay. I didn't agree with them. But they claimed there was more than those two factors: being Latino and speaking Spanish. I don't think the third adds much to the equation, but they do. They say it's because they are working in low-wage jobs.
COLBERT: So, people with low wage jobs have fewer protections.
SOTOMAYOR: That's what they said.
COLBERT: Well, that's the upshot of it isn’t it.
SOTOMAYOR: Well, that's what they said. Let's not go any further. Okay. That’s what they said. And they're working at jobs where illegal aliens typically work. That's the claim, all right? Now, I explain and read my dissent, please, you should.
COLBERT: I will. “That decision of the majority is yet another grave misuse of our emergency docket. We should not have to live in a country where the government can seize anyone who looks Latino, speaks Spanish, and appears to work in a low-wage job here rather than stand idly by while our constitutional freedoms are lost. I dissent.” I have the whole thing here.
