Justice Kennedy’s argument against judge-made damages remedies for constitutional violations in Ziglar v. Abbasi is unconvincing.
Latest in Bivens
Some will view the Supreme Court's decision curbing lawsuits against former executive officials for purported abuse of federal detainees as providing important protection against judicial Monday-morning quarterbacking. Critics will see it as another hurdle to preventing lawless actions taken in the name of national security in time of war or national emergency.
A review of James E. Pfander, Constitutional Torts and the War on Terror (Oxford University Press, 2017).