True, but if they want to make a statement, they would pick it up. Their unwillingness to take up this issue (to either prohibit, or to define what is racial profiling and what are the acceptaqble limits of such), particularly in light of current events, is salient.
Someone asked for this earlier:
"[W]hile the Constitution protects against invasions of individual rights, it is not a suicide pact." Kennedy v. Mendoza-Martinez, 372 U.S. 144, 160, 83 S.Ct. 554, 563, 9 L.Ed.2d 644 (1963).