Legal Opinion

Hernandez v. Mesa

Supreme Court of the United States

Decided February 25, 2020No. 17-1678PublishedCited by 836 opinions

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

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  3. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  4. Mitchell v. ForsythSupreme Court of the United States · 1985
  5. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994

50 more not listed; retrieve them via the Exa API.

3Cited by836 opinions

  1. Christopher Shorter v. United StatesCourt of Appeals for the Third Circuit · 2021
  2. Tony Fisher v. Jordan HollingsworthCourt of Appeals for the Third Circuit · 2024
  3. Charles Mack v. John YostCourt of Appeals for the Third Circuit · 2020
  4. Gerardo Serrano v. U.S. Customs and BorderCourt of Appeals for the Fifth Circuit · 2020
  5. Green Valley Special Util Dist v. Donna Nelson, etCourt of Appeals for the Fifth Circuit · 2020

831 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API