Month: March 2020

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SCOTUScast - Hernandez v. Mesa Post-Decision SCOTUScast

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 before the Supreme Court was 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.
By a vote of 5-4, the judgment of the U.S. Court of Appeals for the Fifth Circuit was affirmed. Per Justice Alito's opinion for the Court: "We are asked in this case to extend Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971), and create a damages remedy for a cross-border shooting. As we have made clear in many prior cases, however, the Constitution’s separation of powers requires us to exercise caution before extending Bivens to a new 'context,' and a claim based on a cross-border shooting arises in a context that is markedly new. Unlike any previously recognized Bivens claim, a cross-border shooting claim has foreign relations and national security implications.... Because of the distinctive characteristics of cross-border shooting claims, we refuse to extend Bivens into this new field.... In sum, this case features multiple factors that counsel hesitation about extending Bivens, but they can all be condensed to one concern––respect for the separation of powers." Justice Alito's majority opinion was joined by the Chief Justice and Justices Thomas, Gorsuch, and Kavanaugh. Justice Thomas filed a concurring opinion, joined by Justice Gorsuch. Justice Ginsburg dissented, joined by Justices Breyer, Sotomayor, and Kagan.
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.
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CBS News Roundup - WORLD NEWS ROUNDUP: 03/12

President Trump restricts travel from Europe. NBA suspends its season. Wall Street dive continues. Tom Hanks tests positive for virus. CBS News Correspondent Steve Kathan has today's World News Roundup.

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The Intelligence from The Economist - Stimulating discussion: policy responses to covid-19

Britain’s central bank made an emergency cut and released a budget with a whopping £30bn ($38bn) stimulus; we discuss what countries are doing, or should be, to cushion economies against the pandemic. After decades of false starts, laser-based weapons will soon shine on the battlefield. And a look at the legacy and philosophy of “The Hitchhiker’s Guide to the Galaxy” as it turns 42.

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Bay Curious - Coronavirus in the Bay Area: Your Questions Answered

What are the recommendations for taking public transit? Should I go to work? Should I cancel upcoming travel plans? How long does the virus last on a doorknob? Can it be transmitted in the air? Will we be quarantined? Find the latest answers to these questions and more in this constantly-changing story.

Additional Reading:


Featuring KQED reporter Michelle Wiley. Produced by Asal Ehsanipour, Olivia Allen-Price and Katie McMurran.

Bay Curious is made by Olivia Allen-Price, Jessica Placzek, Asal Ehsanipour, Katie McMurran and Rob Speight. Additional support from Julie Caine, Paul Lancour, Kyana Moghadam, Suzie Racho, Carly Severn, Bianca Hernandez and Ethan Lindsey.

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The NewsWorthy - Travel Ban, NBA Suspended & Olympic Tradition (+ Talking with Dr. Oz) – Thursday, March 12th, 2020

The news to know for Thursday, March 12th, 2020!

What to know today about new travel restrictions, the latest from top experts about how to slow the spread of the new coronavirus, and the big announcement from the NBA...

Plus: a first for an Olympic tradition, Gronk's new game plan, and a dinosaur discovery.

Those stories and many more in less than 10 minutes!

Then, hang out after the news for Thing to Know Thursday's bonus interview. We're talking with Dr. Oz about the new coronavirus and actions we can all take.

Head to www.theNewsWorthy.com/shownotes to read more about any of the stories mentioned in this episode or see the sources below.

This episode is brought to you by www.MagicSpoon.com/newsworthy 

Thanks to The NewsWorthy Insiders! Become one here: www.theNewsWorthy.com/insider

 

 

 

Sources:

Europe Travel Ban: PBS News, NYT, WaPo

WHO Declares Global Pandemic: USA Today, Axios

Expert Warnings & Advice: Politico, Stat News, CNBC, CDC

Economic Impacts/Relief: AP, NBC News, Fox News, NYT

Basketball Changes: SI, ESPN, NBC Sports, Yahoo Sports, USA Today,CBS Sports

Entertainment Impact: AP, ET, SFGate, EW

Harvey Weinstein Sentenced: LA Times WSJ, Deadline 

Super Tuesday II Reax: WaPo, FoxNews, CNN

Olympic Flame Lighting: NBC News, ABC News, Deadline

Olympics Happening?: USA Today, Reuters

Sports Roundup:

Rob Gronkowski to WWE: ESPN, Fox Sports

Women’s Soccer Streaming: The Verge, Engadget

Soulcycle Bike: Fox Business, The Verge 

Smallest Dinosaur Discovered: CNN, Livescience

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The Daily Signal - ‘Medicare for All … Is Going to Destroy the Quality of Medicine That We Have,’ Lawmaker Says

Rep. Jim Hagedorn of Minnesota is passionate about health care policy. His state is home to the headquarters of the Mayo Clinic, which he calls "the preeminent institution of medicine in all the world." Hagedorn also is receiving cancer treatment at the Mayo Clinic following a diagnosis of kidney cancer. We discuss health care policy and why Medicare for All isn’t the answer.


Plus, former Representative Dave Brat joins the show to talk about his transition from the public sector to the private sector, and his perspective on the education system given his new role as the Dean of Liberty University’s School of Business. 


We also cover these stories:

  • The World Health Organization says that the coronavirus is now a pandemic. 
  • The house is expected to vote on a coronavirus package today.
  • Cronavirus is only “going to get worse,” according to Dr. Anthony Fauci, who directs the National Institute of Allergy and Infectious Diseases and is member of the President Donald Trump’s task force on coronavirus. 

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The Gist - Bernie’s Losses Aren’t Surprising

On the Gist, maybe Sanders was never really that popular.

In the interview, we have part two of David Plouffe’s interview. He and Mike go deeper on campaigns, what Trump needs to do to win again, and what Biden and Sanders could do to win the White House. Plouffe’s book is A Citizen’s Guide to Beating Donald Trump.

In the spiel, you can’t count on the youth vote.

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