An unarmed teen was killed by a border patrol agent. The Supreme Court will soon decide if his family can sue the agent for his death
VIOLENCE plagues America’s border with Mexico. The Border Network for Human Rights, a non-profit organisation, documents “at least 90 people [who] have died as the result of an encounter” with American personnel between January 2010 and July 2019.
When the Fifth Circuit again ruled against the family, the Supreme Court agreed to hear the case for a second time. The question is straightforward—can the Hernandez family sue Mr Mesa for killing their unarmed son?—but the matter is technical. In 1971, the Supreme Court ruled inthat a man could sue federal agents who had—without a warrant—broken into his home, handcuffed him and arrested him on drug charges before questioning and strip-searching him.
The pair of lawyers arguing on the other side—Randolph Ortega for Mr Mesa; Jeffrey Wall for the federal government—seemed not to have coordinated their strategies before the hearing. Mr Ortega staked his presentation on two distinctions:remedies should be available to American citizens, whatever side of the border they may be on, and to foreign nationals on American soil. But a Mexican boy standing a few inches south of the border has no claim, he insisted.
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