by Bob Walsh
On Tuesday SCOTUS decided, by a vote of 5-4, that the parents of a teenager shot to death by a Border Patrol agent across the border can NOT sue in a U. S. court. The reasonable (conservative) side of the court decided that, lacking any clear intent from congress, allowing the suit from the 2010 incident to go forward was inappropriate.
The original suit was based on the 1971 case, Bivens vs. Six Unknown Federal Narcotics Agents. This case allowed the plaintiff to sue over alleged unconstitutional acts by federal officials. Since that time,in the absence of clear legislative intent, the courts have restricted the ability of these suits to move forward rather than opening the gates further.
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