Supreme Court justices appeared divided on whether to let foreigners bring civil...
WASHINGTON - Supreme Court justices appeared divided on whether to let foreigners bring civil rights lawsuits in U.S. courts as they considered a bid by a slain Mexican teenager’s family to revive a lawsuit against the Border Patrol agent who shot him, with Justice Brett Kavanaugh emerging as a potential pivotal vote.
The case comes to the court at a time of high tensions involving the southern border, where Republican President Donald is pursuing construction of a wall separating the United States and Mexico. His administration, backing the U.S. Border Patrol agent, has said giving foreigners the chance to sue could pose problems for national security and international relations.
The dispute hinges on whether the family, despite Hernandez having died on Mexican soil, can seek monetary damages against what they call a “rogue” agent for violating for the U.S. Constitution’s Fourth Amendment, which bars unjustified deadly force as well as Hernandez’s right to due process under the Constitution’s Fifth Amendment.
The high court previously considered Hernandez’s case in 2017 but did not decide the central legal question, instead directing the New Orleans-based 5th U.S. Circuit Court of Appeals to reconsider its ruling that had barred the lawsuit. The 5th Circuit last year again ruled against the family, prompting a second trip to the Supreme Court.
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