Congressional Digest

Supreme Court Debates April 2017 No. 4 Vol. 20
United States of America, Respondent

Border Shootings

Constitutional Rights of Mexicans in U.S. Courts

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United States of America, Respondent

Ian Heath Gershengorn, Acting Solicitor General

The United States is a respondent in this brief because it involves an incident involving a U.S. Border Patrol agent. Ian Heath Gershengorn served as acting U.S. solicitor general from June 2016 to January 2017. The following is excerpted from the Amicus Curiae Brief for Respondent as submitted to the U.S. Supreme Court on January 9, 2017. In granting certiorari, this Court directed the parties to address the question whether Petitioners’ claims may be asserted under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics (1971). That antecedent question resolves this case: The judicially created Bivens remedy should…

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