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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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. -
Yup. "We should win this case based on a narrow rule in our favor" is not a theory.
End of conversation
New conversation -
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Those are … pretty basic elements of a competent perfornance?
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What was your take on Mesa's counsel's argument? The brief was pretty light....
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Oh, that's not a good look for arguing a SCOTUS case. Not at all. Oh dear.
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