Originally published at: The Supreme Court Is Helping ICE Agents Get Away With Murder - TPM – Talking Points Memo
This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It was originally published at Balls and Strikes. On July 7, Lorenzo Salgado Araujo, a homebuilder in Houston, woke up before sunrise, ate breakfast prepared by his wife, and drove his construction crew to work. Around 6:50 AM, federal immigration agents surrounded Salgado Araujo’s van…
Congress could override the Court by passing a law to authorize Bivens -style actions…
So SCOTUS has suggested, but I wonder if this SCOTUS would find any such law unconstitutional on the grounds of a new set of fabrications.
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Future Alito: Benjamin Franklin wrote “ice is refreshing on a hot summer day” in 1784. Clearly this is evidence the founding fathers believed ICE is beyond the jurisdiction of anyone except a Republican president.
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The first amendment guarantees the right “to petition the Government for a redress of grievances.” The definition of redress is “to set right, correct, or compensate for a wrong or unfair situation.” The definition of compensate is “to make up for a loss, injury, or deficiency, or to provide an equivalent in return”.
Seems clear that the good ole Founders intended for citizens to have the right to sue the government for compensation for injuries the government has caused.
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Right now, immigration agents are terrorizing people and getting off scot-free. This is an impunity problem that the Supreme Court helped create. But a sufficiently motivated Congress could address it, in part by literally making immigration agents pay for what they’ve done.
The goal of the consitution was to limit the rights of the govenment not the governed. The goal of the constitution was to keep this kind of unholy shit down. The Supreme Court has lost its way.
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When you figure the latest murderer had two ex-wives, one of whom he contacted to beg her not to say anything about the restraining orders against him, you have to wonder who the government is trying to protect.
Spoiler alert: it ain’t us.
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Only the best people. ICE hires only the best people.
Did you know that most policing agencies make it illegal to shoot into a moving car. A hundred years of experience has shown that nothing good comes from shooting somebody who is driving a moving car. Professional police officers will back off and pick the fugitive up when he stops.
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And if people can not seek Legal Redress, what happens?
(Some) people will seek Extra-Legal Redress.
(Not that I am suggesting it. Just an historical observation.)
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Hope Democrats don’t feel smug about their chances of winning the midterms and some not showing up to vote because they think we got it in the bag. There is a reason Rove and others on the right go on air and express concern that the midterms will be brutal for them. It may lessen the sense of urgency to get out the vote on the left.
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Perhaps the supremes apply an old/new test…called “what if it were me?” test. Or the “walk in other’s shoes” test.
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Thomas tried the walking other shoes test. He didn’t like it and instituted the “drive in my donated van test”.
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