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5-4

Hernandez v. Mesa

Jun 9, 2020
Steven Vladeck, a noted legal expert who represented a victim's family before the Supreme Court, joins the discussion. The podcast delves into the chilling case of a Border Patrol agent who shot a teenager across the U.S.-Mexico border. Key topics include systemic abuse of power, challenges of holding federal agents accountable, and the intersections of racial inequality and policing. The conversation critiques the Supreme Court's approach to crucial constitutional questions, highlighting the ongoing struggle for justice in such complex cases.
56:54

Episode guests

Podcast summary created with Snipd AI

Quick takeaways

  • The podcast explores the Hernandez v. Mesa case, highlighting the legal complexities surrounding accountability for federal agents' constitutional violations across borders.
  • It discusses the broader implications of police violence, emphasizing how militaristic law enforcement culture contributes to systemic neglect of marginalized communities' rights.

Deep dives

The Case Overview

The episode examines Hernandez v. Mesa, a significant legal case involving the shooting of Sergio Hernandez, a Mexican teenager, by a U.S. Border Patrol agent while the teen was in Mexico. The primary legal question is whether Hernandez's parents can sue the federal agent in U.S. court for constitutional violations. The Supreme Court’s decision would hinge on the application of the Bivens Doctrine, which allows individuals to sue federal agents for constitutional rights violations, and whether this scenario qualifies as a 'new context.' Thus, the outcome is not just about accountability for the shooting but also addresses broader implications for civil rights and border enforcement policies.

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