International & National Security Law Podcast Steven Giaier March 08, 2017
On February 21, the Supreme Court heard argument in Hernandez v. Mesa. In July of 2010, a 15-year-old adolescent named Sergio Adrian Hernandez Guereca and his friends were playing along a concrete structure on the border of the U.S. and Mexico. When Jesus Mesa, Jr., a U.S. Border Patrol Agent arrived, he detained one of the youths on the border, and shot and killed Hernandez, who was hiding behind a pillar of the Paso Del Norte Bridge on the Mexican side of the border. Hernandez’s parents sued Agent Mesa under the Fourth and Fifth Amendment for the use of unlawful and disproportionate force. Agent Mesa argued that the Fourth and Fifth Amendments did not apply because Hernandez was not a U.S. citizen.
The District Court found for Agent Mesa, while the U.S. Court of Appeals for the Fifth Circuit held that the Fifth Amendment protections against deadly force applied but the Fourth Amendment did not, and that Agent Mesa should not receive qualified immunity. The main questions for the Supreme Court to answer are: Does the Fourth Amendment apply? Should qualified immunity apply to the border patrol agent? And can Agent Mesa make a Bivens claim?
Steve Giaier of the House Committee on Homeland Security attended oral argument and shared his perceptions.
International & National Security Law Practice Group Podcast
- Steven Giaier, Senior Counsel, House Committee on Homeland Security
Jamil N. Jaffer January 27, 2017
Ziglar v. Abbasi is the result of over a decade of remands and appeals. The case was originally filed by the Center for Constitutional Rights on behalf of incarcerated Muslim, South Asian, and Arab non-citizens who were targeted after 9/11 by law enforcement as “terrorism suspects.” The defendants in the case, high level officials in the Bush administration, such as Attorney General John Ashcroft and FBI director Robert Mueller, and low level detention officials, filed a motion to dismiss which was rejected by the in the District Court.
In 2009, the Supreme Court decided in Ashcroft v. Iqbal that government officials were not liable for discriminatory actions of their subordinates without evidence they directly ordered the actions. Meanwhile, five of the petitioners in Ziglar settled with the government, and the case was remanded to the District Court and amended. In 2010, the District Court granted a new motion of dismissal, but only for the high level officials. This dismissal was reversed by the Second Circuit and then the government petitioned the Supreme Court for review.
Professor Jamil Jaffer joined us to discuss the oral argument of this case, which was held on January 18.
Short video featuring Jamil Jaffer
- Prof. Jamil N. Jaffer, Adjunct Professor of Law and Director, Homeland and National Security Law Program, Antonin Scalia Law School and former Chief Counsel and Senior Advisor, Senate Foreign Relations Committee
Jamil N. Jaffer January 15, 2017
Can federal officials be held liable personally for enforcing the “hold until clear” policy following the attacks on 9/11? Jamil Jaffer, Director of the Homeland and National Security Law Program at the Antonin Scalia Law School, explains the dispute in the upcoming Supreme Court Case Ashcroft v. Abbasi. Questions before the Court include whether a group of individuals who were arrested immediately after 9/11 have standing to bring a Bivens claim for violation of their constitutional rights, whether the federal officials enforcing the policy are entitled to qualified immunity, and whether the officials acted based on racial discrimination or a concern for national security. The Supreme Court will hear oral argument on January 18th. 2016 National Lawyers Convention
Justice Scalia's originalism had an important impact on our nation's criminal law. While sometimes overlooked, his commitment to the rights of criminal defendants, as rooted in the Constitution, is indisputable. He forthrightly addressed new Fourth Amendment issues including technological advances in surveillance, revived the Sixth Amendment's jury and confrontation clauses, remained mindful of both common law and substantive criminal law concerns, and in many instances swayed his fellow justices. This panel will delve into these areas and discuss if and how Justice Scalia's work will continue to affect future Court decisions.
This panel was held on November 17, 2016, during the 2016 National Lawyers Convention in Washington, DC.
Criminal Law: Justice Scalia and the Criminal Law
3:30 p.m. – 5:00 p.m.
- Prof. Rachel E. Barkow, Segal Family Professor of Regulatory Law and Policy and Faculty Director, Center on the Administration of Criminal Law, New York University School of Law
- Prof. Stephanos Bibas, Professor of Law and Criminology and Director, Supreme Court Clinic, University of Pennsylvania Law School
- Prof. Orin S. Kerr, Fred C. Stevenson Research Professor of Law, The George Washington University Law School
- Mr. Paul J. Larkin, Jr., Senior Legal Research Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation
- Hon. Stephen J. Markman, Michigan Supreme Court
- Moderator: Hon. David R. Stras, Minnesota Supreme Court
- Introduction: Mr. John G. Malcolm, Director, Edwin Meese III Center for Legal and Judicial Studies, and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, The Heritage Foundation
The Mayflower Hotel Co-Sponsored by the Faculty Division and the Practice Groups
October 4th will mark the first day of oral arguments for the 2016 Supreme Court term. The Court's docket already includes major cases involving insider trading, the Fourth Amendment, the Sixth Amendment, the Eighth Amendment, criminal law, IP and patent law, the Free Exercise and Equal Protection Clauses, the Fair Housing Act, and voting rights.
The full list of cases granted thus far for the upcoming term can be viewed on SCOTUSblog here. The panelists will also discuss the current composition and the future of the Court.
This event was held on September 27, 2016, at the National Press Club in Washington, DC.
- Mr. Thomas C. Goldstein, Goldstein & Russell PC
- Prof. Nicholas Quinn Rosenkranz, Georgetown Law Center
- Ms. Carrie Severino, Judicial Crisis Network
- Hon. George J. Terwilliger, McGuireWoods LLP
- Moderator: Mr. Robert Barnes, The Washington Post
National Press Club