Supreme Court Hears Arguments in Border Shooting Case
Sergio Hernández at his elementary school graduation (Courtesy of the family of Sergio Hernández)
The Supreme Court hears arguments in Hernandez v. Mesa later this morning, which involves a Border Patrol officer shooting and killing of a Mexican teen on Mexican soil. The case raises complex issues concerning the ability of the parents to sue under these circumstances. Edith Roberts has collected commentary on the case on SCOTUSBlog.
UPDATE ( Feb. 21, 11:50 PST): Amy Howe for SCOTUSblog recaps the argument. She observes the Justices “seemed frustrated by the family’s inability to identify [a bright line] rule [for liability]. In the end, though, it’s not clear that the rule will matter, if the justices don’t agree that the Border Patrol agent can be sued in federal court at all.” The most interesting aspect of the morning, however, was the following:
“Before the oral argument began, Acting Solicitor General Noel Francisco presented the new U.S. attorney general, Jefferson B. Sessions, to the court. On behalf of the justices, Chief Justice John Roberts wished Sessions “well in the discharge of the duties of your new office.” Sessions acknowledged the good wishes, but did not stay for the oral argument.”
Here is the transcript.
KJ