Cases And Controversies

The Supreme Court again chipped away at the ability of those alleging constitutional violations by federal law enforcement to sue, effectively immunizing Border Patrol agents from being hauled into court. Athul Acharya, of the public interest law firm Public Accountability, says the June 8 ruling in Egbert v. Boule is one of several judge-made barriers to suing government officials. There are many stages “in the gauntlet that civil rights plaintiffs have to run before they can have their claim heard on the merits,” Acharya said, noting there are jurisdictional and other technical barriers, questions about who can be sued, and then immunity doctrines. The latest ruling limiting so-called Bivens claims, isn’t a surprise. The fortified conservative-majority court has questioned the authority of judges to permit suits against federal officials in instances where Congress hasn’t. In “all but the most unusual circumstances, prescribing a cause of action is a job for Congress, not the courts,” Justice Clarence Thoma