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Constitutional Law

Hernandez v. Mesa - Post-Argument SCOTUScast

SCOTUScast 3-30-17 featuring Steven Giaier
Steven Giaier March 30, 2017

On February 21, 2017, the Supreme Court heard oral argument in Hernandez v. Mesa. In 2010, Sergio Adrian Hernandez Guereca, a fifteen-year-old Mexican national, died after being shot near the border between El Paso, Texas and Juarez, Mexico by Jesus Mesa, Jr., a U.S. Border Patrol Agent. Hernandez’s parents, who contend that their son was on Mexican soil at the time of the shooting, sued Mesa in federal district court in Texas, alleging violations of the Fourth and Fifth Amendments. After hearing the case en banc, the U.S. Court of Appeals for the Fifth Circuit ultimately ruled in favor of Mesa, concluding that Hernandez could not assert a Fourth Amendment claim and that Mesa was entitled to qualified immunity on the parents’ Fifth Amendment claim.

There are three questions now before the Supreme Court: (1) whether a formalist or functionalist analysis governs the extraterritorial application of the Fourth Amendment’s prohibition on unjustified deadly force, as applied to a cross-border shooting of an unarmed Mexican citizen in an enclosed area controlled by the United States; (2) whether qualified immunity may be granted or denied based on facts – such as the victim’s legal status – unknown to the officer at the time of the incident; and (3) whether the claim in this case may be asserted under Bivens v. Six Unknown Federal Narcotics Agents.

To discuss the case, we have Steven Giaier, who is Senior Counsel for the House Committee on Homeland Security.

Remarks by Vice President Michael R. Pence - Event Audio/Video

Philadelphia Lawyers Chapter
Michael R. Pence, Eugene B. Meyer February 10, 2017

These remarks were given by the Honorable Michael R. Pence, Vice President of the United States on February 4, 2017, at Congress Hall in Philadelphia, Pennsylvania.

Vice President Pence was welcomed by Eugene B. Meyer, President of the Federalist Society. Prayer was led by Reverend Paul Rourke, SJ, Chaplain of the Georgetown University Law Center. The Pledge of Allegiance was led by Vance Thomas Yanney II of the Shipley School, and the national anthem was sung by Leigh Emery, Co-founder of Broadway Lights the Night.

Address by Senator Mike Lee - Event Audio/Video

2017 Annual Florida Chapters Conference
Michael S. Lee, Jesse Panuccio February 10, 2017

This address by the Honorable Mike Lee (U.S. Senator, Utah) was given on February 4, 2017, at the 2017 Florida Chapters Conference at Disney's BoardWalk Inn at the Walt Disney World® Resort in Lake Buena Vista, Florida.

Luncheon Address
12:00 noon – 2:00 p.m.

  • Hon. Mike Lee, U.S Senator, Utah
  • Introduction: Jesse Panuccio, Acting Associate Attorney General / Principal Deputy Associate Attorney General, U.S. Department of Justice

Disney's Boardwalk Inn
Lake Buena Vista, FL

Address by Senator Marco Rubio - Event Audio/Video

2017 Annual Florida Chapters Conference
Marco Rubio, William Large February 10, 2017

This address by the Honorable Marco Rubio (U.S. Senator, Florida) was given on February 3, 2017, at the 2017 Florida Chapters Conference at Disney's BoardWalk Inn at the Walt Disney World® Resort in Lake Buena Vista, Florida.

Address
6:00 p.m. – 6:30 p.m.

  • Hon. Marco Rubio, U.S. Senator, Florida
  • Introduction: William W. Large, President, Florida Justice Reform Institute

Disney's Boardwalk Inn
Lake Buena Vista, FL