Posted on 02/25/2020 10:51:47 AM PST by House Atreides
A divided Supreme Court ruled Tuesday in favor of a Border Patrol agent who faced a lawsuit from parents of a Mexican child he killed in a June 2010 cross-border shooting.
Jesus Mesa Jr. and the parents of 15-year-old Sergio Adrián Hernández Güereca gave different accounts of what happened, with the parents claiming the teen and his friends were playing a game where they ran back and forth across the border, and Mesa claiming they threw rocks at him during an illegal border-crossing attempt. The Supreme Court's 5-4 ruling said that regardless of the circumstances, precedent regarding lawsuits against officers, known as "Bivens claims," does not apply to cross-border shootings.
As we have made clear in many prior cases," Justice Samuel Alito wrote in his opinion, "the Constitution’s separation of powers requires us to exercise caution before extending Bivens to a new 'context,' and a claim based on a cross-border shooting arises in a context that is markedly new."
In the 1971 opinion Bivens v. Six Unknown Fed. Narcotics Agents, the Supreme Court held that a person claiming they were unlawfully arrested and searched could bring a lawsuit under the Fourth Amendment, even if there was no statutory basis for it. In Tuesday's opinion, Alito noted the high standard of extending Bivens to a "new context" and gave several reasons why it was inappropriate in this case....
...In a concurring opinion, Justice Clarence Thomas asserted that "the time has come to consider discarding the Bivens doctrine altogether," noting that the court "has consistently refused to extend the Bivens doctrine for nearly 40 years, even going so far as to suggest that Bivens and its progeny were wrongly decided."
Justice Ruth Bader Ginsburg pushed back in a dissent joined by Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor....
(Excerpt) Read more at foxnews.com ...
Yet another reason to vote Trump in for a 2nd term. MAGA.
I wouldn't expect any less.
Cue Sotomayer to complain that the conservatives on the court are splitting it...even though once again it’s a 5-4 decision with no liberals ever voting with conservatives. Sotomayer...Obama called her the wise Latina. I call her the racist fool.
One vote away from making the Border Patrol unable to do their jobs. The Left truly wants America disarmed and destroyed.
What a cruel and thoughtless statement. She can barely stand and certainly can't push anything.
Re “Obama called her the wise Latina”. Trump should call her “The worst Latina” and racist too.
I’ll choose Trump for $1,000, Alex.
At least Kagan isn’t called a “wise Jewish woman”. Ginsburg is another story, perhaps for “Twilight Zone” or “Outer Limits”. “Breyer” isn’t called a “wise old, senile white guy” but should be.
One’s personal background/ethnicity etc should be a criteria for being a judge, any where, esp. the Supreme Court, but racist/Marxist Obama made it his policy.
I’m not singing “Here Comes the Judge” any more unless it is a good, balanced, Constitutionalist put into a court by Trump. Race, religion, ethnicity, etc. are not relevant. Sanity, a good rational legal education, experience, and patriotism are my markers.
Half the judges in America aren’t worst a good crap and that is why the crime rates for murder, rape, violence and drugs is sky high despite what so-called pollsters and researchers claim.
Oops. A dropped word in paragraph 4. Should be “One’s personal background/ethnicity SHOULD NOT BE a criteria for being a judge...”
Sorry about this. Having some computer problems today. It is old, like me, with a manufacturing year that ends with BC.
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