Recap of Supreme Court Argument in Cross-Border Shooting Case (Hernandez v. Mesa)

Although the DACA cases received the most attention in the news yesterday, the Supreme Court also heard oral arguments in Hernandez v. Mesa, a case involving the issue whether a damages claim could be pursued for a cross border shooting along the U.S./Mexico border.  Professor Stephen Vladeck argued the case for the Hernandez family.   Here is the transcript to the argument.

Amy Howe recaps the argument for SCOTUSBlog.  Howe encapsulates the case as follows: 

“In 2010, Sergio – who was then 15 years old – was on the Mexican side of the U.S.-Mexico border when he was shot and killed by a U.S. Border Patrol agent, Jesus Mesa. The Hernandez family filed a lawsuit against Mesa in federal court in Texas, arguing that Mesa had used excessive force against Sergio, which violated Sergio’s rights under the Fourth and Fifth Amendments to the U.S. Constitution. The dispute now before the Supreme Court centers on whether the family’s lawsuit can go forward. After an hour of oral argument this morning, the family seemed to face an uphill battle, with the justices closely divided.”

Howe suggests that a majority of the Court might believe that this kind of case should be addressed by Congress, without the Court implying a private right of action.  

KJ