Today, Explained Who is above the law?
Nov 12, 2019
In this discussion, Ian Millhiser, Supreme Court correspondent for Vox, dives into the chilling Hernandez v. Mesa case, where a U.S. border agent fatally shot a 15-year-old boy in Mexico. He unpacks the significant implications for holding federal agents accountable, dissecting how recent judicial shifts complicate civil rights cases. Millhiser also explores the erosion of legal pathways for accountability post-9/11, raising critical questions about the balance between national security and constitutional rights amid rising tensions at the border.
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Border Shooting
- In June 2010, Mexican children played a game by the U.S.-Mexico border, touching the fence and running back.
- Border Patrol Agent Jesus Mesa arrived, detained a boy, and then shot and killed 15-year-old Sergio Hernandez.
Supreme Court Case
- The Supreme Court case Hernandez v. Mesa questions whether Mesa can be held accountable for the shooting.
- The core issue is whether individuals can sue federal law enforcement for constitutional violations, even without criminal prosecution.
Bivens Case Precedent
- Mesa's defense relies on Bivens v. Six Unknown Named Agents, a 1970s case establishing the right to sue federal agents for constitutional violations.
- However, the court's interpretation of Bivens has narrowed over time, particularly regarding Fourth Amendment protections.