Q: Under the Second Circuit's NSA ruling, can you file a Bivens claim in SDNY solely on Fourth Amendment grounds and get a merits ruling?
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@emptywheel@OrinKerr (1) I'm _last_ person who will declare it "dead"; but (2) Arar's "special factors" analysis would be a huge obstacle. -
@emptywheel@OrinKerr Yes, Arar was about rendition of a non-citizen, but "nat'l security" as special factor has been theme of these cases.
End of conversation
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