U.S. Courts News Reporter
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Fifty years ago, in Bivens v. Six Unknown Federal Narcotics Agents, the Supreme Court ruled that a private individual could sue an FBI agent for violating his Fourth Amendment rights, even when there was not a specific law authorizing a claim for damages. In the nine years after Bivens, the court recognized Bivens claims for damages for violations of the Fifth and Eighth Amendments, but in 2017 it stressed that “expanding the Bivens remedy is now a … Read the rest
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The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.
There was an unusual amount of turnover this week. On Friday afternoon, the Supreme Court granted review in five relisted cases, four of them involving the Environmental Protection Agency’s authority to regulate greenhouse gases, the fifth involving the ability of states to intervene to defend the Trump administration’s “public charge” immigration rule. Then, … Read the rest