...especially for the Supreme Court.
This week, in a 5-4 opinion, the Court found that a Border Patrol Agent cannot be sued for shooting a teenager from Mexico in the face.
Immune.
Insane.
Inhumane.
And of course it’s Alito writing the opinion. Totally on brand.
The opinion is Hernandez v. Mesa, available here.
The holding in Bivens v. Six Unknown Federal Narcotics Agents does not extend to claims based on a cross-border shooting.
Justices Thomas and Gorsuch say in a concurrence that they would do away with Bivens altogether!
Alito really is the most partisan Justice we have.
And it’s not even close.
Don’t @ me.
Thank goodness for Justice Ginsburg who writes the dissent and explains that allowing the suit to go forward would not impact national security or any other “concern” that the majority has.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
4 comments:
It is literally open season on immigrants.
Courts shouldn't be inventing civil causes of action. Pass a statute.
Get used to it - the republicans have been brilliant with their vivacious and youthful picks. In 30 or 40 years, there may be a couple seats open for us to fill. But yikes - RBG (and Breyer) are getting old and it doesn't look like the dems will be nominating anybody for the next 5 years. Yikes!
who's vivacious? the rapist?
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