4 ms·
That'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).
by patmorgan23 6y ago
That'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.