Opinion | Will the Supreme Court Stand Up for an Unarmed Mexican Teenager Shot by a Border Agent? - The New York Times

The Supreme Court is poised to put a final nail in the coffin of the Bivens action - a theory that permits one to sue for violation of federal constitutional rights based not on state (42 USC 1983 addresses state action) but rather directly on the Constituiton of the United States. - gwd
Opinion | Will the Supreme Court Stand Up for an Unarmed Mexican Teenager Shot by a Border Agent? - The New York Times
by Linda Greenhouse
The Institute for Justice, a libertarian organization often allied with the current administration, has filed a brief on the parents’ behalf that may get the attention of the court’s conservatives. It makes an originalist argument for Bivens as having not only “a storied common law pedigree” dating back to England and to colonial America, but also as offering “the only route to recovery now available to individuals like Sergio Hernandez’s parents.” The court should “fully embrace the Bivens remedy as a means for holding federal officers personally liable when they violate constitutional rights,” the brief argues, prominently citing a concurring opinion that Justice Neil Gorsuch wrote as an appeals court judge, shortly before President Trump named him to the Supreme Court, arguing that “there may be some circumstances when federal courts have to act because state courts are unable or unwilling to intervene.”