The Supreme Court's decision to vacate and remand the cross-border shooting case to the Fifth Circuit avoided the Fourth Amendment question at issue and focused instead on the availability of a Bivens remedy.
Latest in Hernandez v. Mesa
My recent post on the top-side briefing in Hernandez v. Mesa, the Fourth Amendment cross-border shooting case pending at the Supreme Court, struck a nerve with my friend Steve Vladeck, who is one of the able attorneys representing the parents of the deceased teenager Hernandez.
Hernandez v. Mesa has the potential to generate a very important decision by the Supreme Court, impacting foreign intelligence surveillance, drone strikes, and many other U.S. government activities abroad.
How does the Supreme Court’s October Term 2015 look so far with respect to foreign relations and national security cases?