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BREAKING: In a 5-4 opinion, the Supreme Court rules that the family of a 15-year-old boy from Mexico killed by a Border Patrol agent in a cross-border shooting cannot sue for damages. supremecourt.gov/opinions/19pdf…
Citing concerns about how allowing the boy's family to sue might affect foreign relations and national security, Justice Alito, writing for a five-member conservative majority, says “it is not our task” to arbitrate between the United States and Mexico.
In dissent, Justice Ginsburg argues that where the boy was standing—on which side of the border—when the agent shot him should be irrelevant: “Plaintiffs target the rogue actions of a rank-and-file law enforcement officer acting in violation of rules controlling his office.”
In conclusion, Justice Ginsburg notes the Border Patrol failed to take action in 97% of complaints of abuse between 2009 and 2012. "Without the possibility of civil liability, the unlikely prospect of discipline or criminal prosecution will not provide a meaningful deterrent.”
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