SCOTUS Rules September 11 Detainees Can’t Sue Government
Townhall.com ^ | June 20, 2017 | Courtney O’Brian
Posted on 6/20/2017, 7:59:53 AM by Kaslin
A busy Supreme Court on Monday ruled, in a vote of 4-2, that former September 11 detainees do not have the right to sue government officials for money damages.
This is an issue for Congress, not the judiciary, Justice Anthony Kennedy argued in the court’s opinion. Furthermore, he said, the Second Circuit “erred” in allowing respondents’ detention policy claims to move forward under the context of Bivens v. Six Unknown Fed. Narcotics Agents, which determined that federal officers would need to pay damages to compensate individuals who were subjected to unconstitutional conditions. Expanding Bivens is a “disfavored” judicial activity, Kennedy noted.