Hernandez v. Mesa
Supreme Court of the United States
1Opinion of the CourtJustice Alito
*739We are asked in this case to extend Bivens v. Six Unknown Fed. Narcotics Agents , 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and create a damages remedy for a cross-border shooting. As we have made clear in many prior cases, however, the Constitution's separation of powers requires us to exercise caution before extending Bivens to a new "context," and a claim based on a cross-border shooting arises in a context that is markedly new. Unlike any previously recognized Bivens claim, a cross-border shooting claim has foreign relations and national security implications. In addition,…
Also in this document: Concurrence; Dissent.
2Cases cited55 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
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