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This is essentially the qualified immunity debate. SCOTUS has decided that unless the government defendant did something that SCOTUS in the past has specificall
by xxpor 6y ago
This is essentially the qualified immunity debate. SCOTUS has decided that unless the government defendant did something that SCOTUS in the past has specifically ruled is unconstitutional, you don't get to win a ruling against them. Where specifically is defined exceptionally narrowly.
- patmorgan23 6y agoThat's not actually whay SCOTUS did when it created qualified immunity (which it has the authority to do, but congress also has the authority to overturn that). What you described is how it has evolved in the circuit courts.
- xxpor 6y agoI agree that's not the original "plan" (or whatever you want to call it), but AFAIK SCOTUS has pretty much said the circuit courts are doing the right thing there.