Editor's Note :

close editor's note Editor's Note :

The Supreme Court released orders from the November 16 conference this morning. The justices did not add any cases to their merits docket.

Swartz v. Rodriguez

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
18-309 9th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the panel’s decision to create an implied remedy for damages under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics in the new context of a cross-border shooting misapplies Supreme Court precedent and violates the separation-of-powers principles, when foreign relations, border security and the extraterritorial application of the Fourth Amendment are some of the special factors that counsel hesitation against such an extension; and (2) whether, if the above “antecedent” question is answered in the negative, Agent Swartz is entitled to qualified immunity because there is no clearly established law applying the Fourth Amendment to protect a Mexican citizen, with no significant connection to the United States, who is injured in Mexico by a federal agent’s cross-border shooting.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 07 2018Petition for a writ of certiorari filed. (Response due October 11, 2018)
Sep 18 2018Brief of respondent Araceli Rodriguez in opposition filed.
Oct 03 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
 
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