WASHINGTON – A deeply divided Supreme Court ruled Tuesday that the family of a Mexican teen shot and killed by a U.S. Border Patrol agent cannot seek damages because of the border that was between them.
The justices ruled 5-4 that 15-year-old Sergio Adrian Hernández Guereca lacked constitutional protection against the use of excessive force because he was in Mexico. Had he been in Texas with Border Patrol agent Jesus Mesa, his family would have had a claim.
Associate Justice Samuel Alito wrote the opinion and was joined by the court's four other conservatives. The four liberal justices dissented.
"A cross-border shooting claim has foreign relations and national security implications," Alito said. "In addition, Congress has been notably hesitant to create claims based on allegedly tortious conduct abroad."
Associate Justice Ruth Bader Ginsburg wrote the dissent for her liberal colleagues. She said the shooting occurred on the U.S. side of the border, so the majority's concern about applying the law abroad should not apply.
"Neither U. S. foreign policy nor national security is in fact endangered by the litigation," Ginsburg said. "Moreover, concerns attending the application of our law to conduct occurring abroad are not involved, for plaintiffs seek the application of U. S. law to conduct occurring inside our borders."
The case had been watched closely because of President Donald Trump's efforts to build a wall along the U.S.-Mexico border and to reduce both legal and illegal immigration. Hundreds of incidents involving deadly force occur along the border every year.
Border Patrol agents in New Mexico trained recently to respond to hostile crowds throwing rocks at a border fence on the U.S.-Mexico border.
The Supreme Court in 1971 gave private citizens an implied right to sue federal officials for civil rights violations, even though Congress had passed no such law. But Associate Justice Clarence Thomas, joined by Associate Justice Neil Gorsuch, wrote Tuesday that the precedent should be overruled.
The MonoRacer 130E Fully Enclosed Motorcycle Aims to Redefine Personal Mobility Elena Gorgan The idea of making something that would be halfway between a bicycle or motorcycle and a car is not new; after all, the advantages of such a vehicle would be many for a large segment of the market. In the Czech Republic, inventor, fabricator and full-time pilot Arnold Wagner has been making one such vehicle since the late ‘80s. Since 2009, with a new partner, he launched the PERAVES CZ company, and they’ve been putting out these cabin-motorcycles dubbed MonoRacer since then. They probably haven’t sold more than a couple of hundred of them (90 of which were made before the 2009 partnership), but that could change as early as this month. As it turns out, PERAVES CZ has made an electric version of the MonoRacer, called the MonoRacer 130E, and it is now in the process of receiving EU-certification. The MonoRacer 130E is an electric motorcycle with a fully enclosed cabi...
I really really hope this is on the up and up. With interactions with people on the internet, you can never be sure if what we hear is real. BUT, because we have all been wondering what happened to Susan, I will repost an email I got this morning: Hi, This is Walter, Susan's step son who she mentioned live in California. I am sorry to inform you that Susan took her life the day before Thanksgiving by locking herself in the garage with the cars running. I can see from your communications that she trusted you and that is why I am informing you that she committed suicide. Thank you for encouraging her to trudge along in life if her husband were to die. I wish she would have listened to you closer. The email did come from her email address . So, I replied with condolences and thought it best to drop this note to let you all know of her passing. To my authors who have her on their invite list, you can now remove her name.
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