Hernandez v. Mesa
Holding
The holding in Bivens v. Six Unknown Federal Narcotics Agents does not extend to claims based on a cross-border shooting.
Judgment
Affirmed, 5-4, in an opinion by Samuel Alito on Feb 25, 2020. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer, Sotomayor and Kagan joined.
Jun 15, 2018Petition for a writ of certiorari filed. (Response due July 20, 2018)Jul 18, 2018Motion to extend the time to file a response from July 20, 2018 to August 4, 2018, submitted to The Clerk.Jul 20, 2018Brief amicus curiae of Government of the United Mexican States filed.Jul 20, 2018Brief amicus curiae of Professor Gregory C. Sisk filed.
Jul 23, 2018Motion to extend the time to file a response is granted and the time is extended to and including August 6, 2018.
Aug 6, 2018Response to petition from respondent Jesus Mesa, Jr. filed.Aug 17, 2018Reply of petitioner Jesus C. Hernández, et al. filed. VIDED.Aug 22, 2018DISTRIBUTED for Conference of 9/24/2018.
Oct 1, 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Apr 11, 2019Brief amicus curiae of United States filed.Apr 17, 2019Supplemental brief of petitioners Jesus C. Hernández, et al. filed.Apr 30, 2019DISTRIBUTED for Conference of 5/16/2019.
May 20, 2019DISTRIBUTED for Conference of 5/23/2019.
May 28, 2019Petition GRANTED limited to Question 1 presented by the petition.
May 29, 2019Joint motion for an extension of time to file the briefs on the merits filed.Jun 6, 2019Joint motion to extend the time to file the briefs on the merits granted. The time to file petitioners' brief on the merits is extended to and including August 2, 2019. The time to file respondent's brief on the merits is extended to and including September 23, 2019.
Jun 6, 2019Motion to dispense with printing the joint appendix filed by petitioners Jesus C. Hernández, et al.Jun 24, 2019Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Jul 8, 2019SET FOR ARGUMENT on Tuesday, November 12, 2019.
Jul 15, 2019Blanket Consent filed by Petitioners, Jesus C. Hernández, et al.Jul 29, 2019Blanket Consent filed by Respondent, Jesus Mesa, Jr.Aug 2, 2019Brief of petitioners Jesus C. Hernández, et al. filed.Aug 2, 2019Brief amicus curiae of Alan Mygatt-Tauber filed.Aug 8, 2019Brief amici curiae of Border Scholars filed.Aug 8, 2019Brief amici curiae of Amnesty International USA, et al. filed.Aug 9, 2019Brief amicus curiae of Government of the United Mexican States filed.Aug 9, 2019Brief amicus curiae of Constitutional Accountability Center filed.Aug 9, 2019Brief amici curiae of Immigrant and Civil Rights Organizations filed.Aug 9, 2019Brief amicus curiae of Professor Gregory C. Sisk filed.Aug 9, 2019Brief amici curiae of Tahirih Justice Center, et al. filed.Aug 9, 2019Brief amicus curiae of Brady filed.Aug 9, 2019Brief amici curiae of Carlos M. Vazquez and Anya Bernstein filed.Aug 9, 2019Brief amici curiae of Border Network for Human Rights, et al. filed.Aug 9, 2019Brief amicus curiae of Institute for Justice filed.Aug 9, 2019Brief amici curiae of American Civil Liberties Union, et al. filed.Aug 9, 2019Brief amici curiae of Douglas Laycock, et al. filed.Aug 9, 2019Brief amici curiae of Council on American-Islamic Relations and Anas Elhady in support of neither party filed.Aug 9, 2019Brief amici curiae of Former Officials of U.S. Customs and Border Protection Agency filed.Sep 3, 2019CIRCULATED
Sep 16, 2019Record requested from the U.S.C.A. 5th Circuit.
Sep 16, 2019The record from the U.S.C.A. 5th Circuit is electronic and located on PACER.
Sep 23, 2019Brief of respondent Jesus Mesa, Jr. filed. (Distributed)Sep 30, 2019Brief amicus curiae of United States filed. (Distributed)Sep 30, 2019Brief amicus curiae of APA Watch filed. (Distributed)Sep 30, 2019Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)Sep 30, 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Oct 15, 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 23, 2019Reply of petitioners Jesus C. Hernández, et al. filed. (Distributed)Nov 12, 2019Argued. For petitioners: Stephen I. Vladeck, Austin, Tex. For respondent: Randolph J. Ortega, El Paso, Tex.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Feb 25, 2020Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined.
Mar 30, 2020JUDGMENT ISSUED.
Recommended Citation: Hernandez v. Mesa, SCOTUSblog, https://www.scotusblog.com/cases/hernandez-v-mesa-2/