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Yes, I believe Congress should pass a law repealing or narrowing the Supreme Court's creation of qualified immunity, and I believe that §1983 lawsuits and right
by AaronFriel 6y ago
Yes, I believe Congress should pass a law repealing or narrowing the Supreme Court's creation of qualified immunity, and I believe that §1983 lawsuits and rights violations in general, or a variation thereof, should entitle the harmed individuals to reparations.
To keep such reparations from being held up in courts or tossed back and forth, I think that upon finding a violation of constitutional rights has occurred, the Supreme Court can and should appoint a special master or appoint parties to determine the appropriate remedy for historical abuses.
When one state violates another's rights, usually water rights, cases of so-called original jurisdiction for the Supreme Court, they appoint such an individual to study the matter to the extent the court needs, being themselves not experts. The states can argue over the findings and sometimes the reparations are revisited on an annual or recurring basis. The finding may sometimes be that one state owes another "a billion dollars" based on past law.
I see no reason why classes of people shouldn't be afforded the same here. There exist mechanisms to provide long-term, well-informed and adversarially argued remedies. We should not throw our hands up in the air and argue that it's "too hard" when we can adopt such systems already in place.