Off to #SCOTUS. Orders at 9:30a. Oral argument in Hernández v. Mesa, the cross-border shooting case, at 10a.
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The second argument today is McLane Co. v. EEOC, about the standard of review for subpoena-related decisions in EEOC matters.
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Hernández is the big case today — addressing constitutional rights of those outside the US if confronted by wrongdoing of US officials.
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It's been a big case, but the questions are all the more important now—and the justices' moves will be watched—in light of Trump's actions.
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In Hernández v. Mesa, a border agent shot and killed a Mexican teen along the border, a few feet into Mexico.
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The family sued, alleging violations of Fourth and Fifth amendments. US says the family can't sue — because he wasn't shot in US.
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The agent was in the US, to be clear. Hernández was a few feet into Mexico, though. (Hence, cross-border shooting.)
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BREAKING:
#SCOTUS denies cert in Thomas Arthur v. Dunn, death case out of Alabama. Sotomayor, joined by Breyer, dissents from cert denial. -
Arthur's case has been awaiting action since CJ Roberts provided a "courtesy fifth" vote in support of a stay of execution in early Nov.
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Sotomayor: "We should not be proud of this history. ... I dissent." https://assets.documentcloud.org/documents/3469164/Arthur-SCOTUS-Sotomayor-dissent.pdf …
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#SCOTUS grants cert in one case, Rodney Class v. US. -
Alright, I'm headed upstairs for Hernández v. Mesa argument! Back later.
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First take out of Hernández v. Mesa: Have a theory of your case before you get up for arguments, and be ready to answer hypotheticals.
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Breyer did all the work today. Big question is if he can convince Kennedy that allowing a Bivens claim here is not extending Bivens.
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Looks like
@OrinKerr agrees with me, at least as to the petitioners' counsel. - 1 more reply
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On first glance, I thought this was Paris.
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Even if he is a border agent, isn't Mexico outside his juristiction and, therefore, it a crime for him to murder someone?
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International law is murky af
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