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Supreme Court rules for Border Patrol agent in suit filed by Mexican family over cross-border shooting


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TRUMP SAYS SOTOMAYOR
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the District Court
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Jesus Mesa Jr.
Sergio Adrián Hernández Güereca
Bivens
GINSBURG
Samuel Alito
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Clarence Thomas
Ruth Bader Ginsburg
Stephen Breyer
Elena Kagan
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Summary

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.TRUMP SAYS SOTOMAYOR, GINSBURG SHOULD RECUSE THEMSELVES FROM CASES DEALING WITH HIS ADMINISTRATION"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. Congress, which has authority in the field of foreign affairs, has chosen not to create liability in similar statutes, leaving the resolution of extraterritorial claims brought by foreign nationals to executive officials and the diplomatic process.”Alito also pointed to concerns with the court getting involved with matters of national security."Since regulating the conduct of agents at the border unquestionably has national security implications, the risk of undermining border security provides reason to hesitate before extending Bivens into this field," he said.The court also pointed to Congress' history of not awarding damages in cases against federal officials where the injuries took place outside the U.S. While Mesa was on American soil at the time, Hernández was on the Mexican side of the border when Mesa shot him.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."CLARENCE THOMAS REVERSES COURSE IN SWIPE AT DC BUREAUCRACYJustice Ruth Bader Ginsburg pushed back in a dissent joined by Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor."Neither U.S. foreign policy nor national security is in fact endangered by the litigation.

As said here by Ronn Blitzer