The case of Hernandez v. Mesa arises from a 2010 confrontation on the U.S.-Mexican border in which U.S. Border Patrol agent Jesus Mesa shot and killed Sergio Hernandez, a teenage Mexican national. Although the FBI apparently cleared Mesa of wrongdoing, and Hernandez was not standing on American soil at the time he was shot, the Hernandez family filed suit against Mesa and the federal government based on the Supreme Court's decision in Bivens v. Six Unknown Named Agents, which held that a federal agent can be found liable in damages under the Fourth Amendment for committing an unconstitutional search and seizure.
The central issue now before the Supreme Court is whether the Hernandez family can recover damages in a Bivens action for the killing of their son in violation of the Fourth and Fifth Amendments when there is no other available remedy under federal law.
To discuss the case, we have Peter Thomson, Special Counsel, Stone Pigman Walther Wittmann LLC.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
The Intelligence from The Economist - Head for the Hill: this week’s impeachment hearings
Democrats have a hard task as the hearings’ public stage proceeds: not uncovering new evidence, but building a robust public case for impeachment. The online-grocery business is tough—but that isn’t stopping e-commerce players big and small from trying to crack it. And it’s getting harder for artists to hang around on the album charts; new talent is coming in, and heading out, ever faster. For full access to print, digital and audio editions of The Economist, subscribe here www.economist.com/radiooffer
The Best One Yet - Warren Buffett bets on Restoration Hardware, Pinterest is too nice, and Peloton follows Tesla’s playbook
Fancy home goods chain Restoration Hardware jumped 8% after an investment by Warren Buffett’s Berkshire Hathaway… and it’s totally not Warren’s style investment. Pinterest is such a nice social media company that it’s not throwing enough advertising at users. And Peloton will reportedly launch 2 new products in 2020 as it uses Tesla’s playbook.
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Start the Week - Life, death and taxes
Nothing is certain in this world except death and taxes. If this is true, then the comedian-cum-finance writer Dominic Frisby says it’s time we better understand the latter! He tells Tom Sutcliffe how taxes have shaped our past, are upsetting our present and could be the answer to changing our future.
The economist Vicky Pryce also wants to change the future, by reforming capitalism so that it stops failing women. She interrogates the pay gap and glass ceiling. But she also argues that the free market is predicated on perpetuating inequality - and that it is women who bear the brunt.
The free market economy was advanced during the Enlightenment. The academic Alexander Zevin explores how a century later economic liberalism became fused with political liberalism in Britain. And how the liberal message evolved through the pages of the Economist Magazine, founded in 1843.
As BBC Radio 4’s Book at Bedtime prepares to read Voltaire’s satire Candide, Professor Judith Hawley looks back to the ideas that were fermenting at the time of the Enlightenment, and how optimism can quickly lead to disillusionment.
Producer: Katy Hickman
Strict Scrutiny - This is Kansas
Leah and Jaime recap a lot of the big November cases, including Kansas v. Glover, County of Maui v. Hawaii Wildlife Fund, Hernandez v. Mesa, and IBM v. Jander. They deduce that Justice Breyer was on fleek and that Justice Ginsburg’s clerks need to take a lesson about herd immunity.
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- 6/12 – NYC
- 10/4 – Chicago
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
What Next | Daily News and Analysis - What Is Devin Nunes Thinking?
Rep. Devin Nunes has been in Congress for over a decade. In those years he built up a lot of political capital in the Republican party–Nunes is currently a member of the Gang of Eight, a bi-partisan set of eight leaders in Congress who are briefed on classified intelligence matters by the executive branch. How has the congressman from California and former Chairman of the House Intelligence Committee changed over the years? And, why has Nunes’ approach to defend the president in the impeachment inquiry irked those in his own party?
Guest: Shane Harris, covers intelligence and national security for the Washington Post.
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Short Wave - Bye Bye, Bei Bei: Giant Panda Heads to China
The Smithsonian's National Zoo is bidding farewell to Bei Bei. The 4-year-old giant panda will be sent to China on Tuesday, Nov. 19. While born in captivity at the zoo, Bei Bei is the property of China. Reporter Emily Kwong tells us about Bei Bei's elaborate departure plans, why he's leaving now, and what it would take to ensure the survival of giant pandas in the wild.
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What A Day - Mayor Pete’s Buttibump
- Pete Buttigieg is surging in Iowa, and Michael Bloomberg is kicking off his late-blooming campaign by apologizing for his racist “Stop & Frisk” policy. We discuss this and more in our 2020 primary update.
- Texas death row inmate Rodney Reed was granted an indefinite stay by the courts last week. We look at the evidence that Reed was falsely convicted, and discuss how his case gained traction.
- And in headlines: impeachment updates, the case of Lizzo v. Postmates, and a goodbye to Eddie Rispone.
The NewsWorthy - University Standoff, Vaping Apps & Hulu Prices – Monday, November 18th, 2019
The news to know for Monday, November 18th, 2019!
We're talking about a big week ahead in the impeachment inquiry and a new invitation for President Trump himself to testify. Also, what to know about an intense standoff between protesters and police at a Hong Kong university.
Plus: 'unsinkable' metal, vaping apps, and what's happening to Hulu prices...
Those stories and more -- in less than 10 minutes!
Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you.
Head to www.theNewsWorthy.com to read more about any of the stories mentioned under the section titled 'Episodes' or see sources below...
Today's episode is brought to you by www.Noom.com/newsworthy
Thanks to the NewsWorthy INSIDERS for the support! Learn more or become an INSIDER here: www.theNewsWorthy.com/insider
Sources:
Impeachment Hearings: WSJ, AP, Washington Post, PBS, CNN, The Hill, NYT
Roger Stone Convicted: NYT, FOX News, Politico
Louisiana Runoff Results: Washington Post, ABC News, Reuters
California Shooting: AP, CBS News, LA Times
Hong Kong Protests: NBC News, BBC, The Guardian
‘Unsinkable’ Metal: Business Insider
Vaping Apps Removed: Axios, CNBC
Kaepernick Workout: CBS News, ESPN
NASCAR Finale: AP
Box Office: Variety
Hulu Prices Up: CBS News
No More Dunkin Foam Cups: AP, CNN
Money Monday - Record Debt: CNN, Business Insider
Code Story: Insights from Startup Tech Leaders - S1 E13: Ben Milne, Dwolla
Ben Milne grew up in a small town, and has had a pretty normal life. Raising a family, riding a stationary bike and funding startups through selling music gear, he has been in the tech world for a good while. His second startup started as a consumer product that you downloaded to move money between banks… without using credit cards or paying hefty fees. What he discovered was the thing they were best at was payment processing infrastructure… So he changed his business to focus on being a high performing, white label solution for enabling others to process ACH payments – and started phase two of his company, known as Dwolla.
Today’s sponsors:
Dwolla (https://dwolla.com/codestory)
Hackbright Academy (https://hackbrightacademy.com/learn-programs-cs)
Links
- https://benmilne.com/
- https://twitter.com/bpmilne
- https://dwolla.com
- https://www.dwolla.com/resources/types/podcasts/
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