- The Supreme Court ruled against parents of a Mexican teenager who was fatally shot across the border, saying they couldn’t sue the border patrol agent that killed him.
- In 2010, 15-year-old Sergio Hernández Güereca ran back to the Mexico side of the border when the agent, Jesus Mesa Jr., shot him in the head. Mesa was on the U.S. side and Hernandez was on the Mexico side.
- The justices who voted to toss the lawsuit said that it should be up to Congress to authorize lawsuits against federal agents.
- Those opposed dissented, arguing that Mesa should be held responsible for his actions and the only reason he wasn’t was because Hernández was on Mexican soil when he was struck.
Mexican Teen Fatally Shot
The Supreme Court ruled on Tuesday that the parents of a Mexican teenager who was killed in a cross-border shooting cannot sue the border patrol agent that struck him.
The case began in 2010 when Sergio Hernández Güereca, 15, was with his friends along the culvert that divides El Paso, Texas and Juarez, Mexico. The teenager’s family said that the group was playing a game where they dared each other to run up to the unmarked border, touch the U.S. side, and then return to the Mexico side. Alternatively, Jesus Mesa Jr., the border patrol agent, claimed that the kids were throwing rocks at him in an attempt to illegally cross the border.
During one of the runs across, Mesa detained one of the boys. Hernández was able to run away and make it back to the Mexico side, but Mesa drew his gun and fired shots, hitting the teenager in the face and killing him.
Following the boy’s death, Hernández’s family attempted to sue Mesa based on the 1971 case Bivens v. Six Unknown Named Agents. In this case, which dealt with an unconstitutional home search, the Supreme Court ruled that lawsuits could be filed against federal law enforcement officers for constitutional violations, even though no statute has authorized this.
Split Higher Court Ruling
The Supreme Court’s Tuesday decision was split, though it ultimately ruled that the family couldn’t sue Mesa in a 5-4 vote.
Justice Samuel A. Alito Jr. wrote for the majority, saying that the Hernández vs. Mesa case was rooted in a different context than the Bivens case, and thus the implied rights from the 1971 ruling should not be extended easily here.
“Unlike any previously recognized Bivens claim, a cross-border shooting claim has foreign relations and national security implications,” Alito wrote.
“In addition, Congress has been notably hesitant to create claims based on allegedly tortious conduct abroad,” Alito wrote. “Because of the distinctive characteristics of cross-border shooting claims, we refuse to extend Bivens into this new field.”
Alito, backed by Justices John G. Roberts Jr., Clarence Thomas, Neil M. Gorsuch, and Brett M. Kavanaugh, said that it should be up to Congress to decide the scope of these matters, not the courts.
Additionally, Justices Thomas and Gorsuch called on the court to overrule the Bivens decision entirely in a concurring opinion.
Justice Ruth Bader Ginsburg dissented, joined by Justices Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan. They argued that the lawsuit should not be thrown out and that the only reason Mesa wasn’t facing consequences was because Hernandez happened to be on the Mexico side when he was shot.
“The only salient difference here: the fortuity that the bullet happened to strike Hernández on the Mexican side of the embankment,” Ginsburg wrote. “But Hernández’s location at the precise moment the bullet landed should not matter one whit.”
“Mesa’s allegedly unwarranted deployment of deadly force occurred on United States soil,” she added. “It scarcely makes sense for a remedy trained on deterring rogue officer conduct to turn upon a happenstance subsequent to the conduct—a bullet landing in one half of a culvert, not the other.”
See what others are saying: (New York Times) (Vox) (NBC)
Police Arrest Hong Kong Man for Booing Chinese National Anthem
The man’s boos were launched during the first time the Chinese national anthem had ever been played for a Hong Kong athlete at the Olympics.
Instulting the Anthem
Hong Kong authorities announced Friday that a man was arrested for allegedly booing and “insulting” the Chinese national anthem while watching the Olympics on Monday.
The unnamed 40-year-old, who identified himself as a journalist, was allegedly watching the Olympics fencing medal ceremony for Hong Konger Edgar Cheung at a local mall. When the anthem began playing, he allegedly began booing and chanted “We are Hong Kong!” while waving a British Hong Kong Colonial flag.
The man’s actions were particularly noteworthy because it was the first time the Chinese national anthem had been played for a Hong Kong athlete in the Olympics. Hong Kongers compete at the Games under a separate committee called Hong Kong, China. The last time a Hong Konger won gold was in 1996 for windsurfing, at which time the British anthem of “God Save the Queen” was played.
Concerns for Freedom of Speech
The man is suspected of breaking the relatively new National Anthem Ordinance, which was passed in June 2020, and has a penalty of up to three years in prison and fines of $6,000 for anyone who publicly and intentionally insults the anthem. The law mirrors one in mainland China, but it has faced considerable scrutiny from increasingly persecuted pro-democracy lawmakers in Hong Kong.
They argue that it tramples the right to free speech, which is supposed to be enshrined in the city’s Basic Law. Hong Kong police, however, say that’s not the case and claim that his actions breach common restraints on freedom of speech. Senior Superintendent Eileen Chung said that his actions were “to stir up the hostility of those on the scene and to politicize the sport.”
Police issued a warning that it would investigate reports of others joining his chants or violating the separate National Security law passed last year.
This incident isn’t the only case of alleged politicization of the Games. Badminton player Angus Ng was accused by a pro-Beijing lawmaker of making a statement by sporting a black jersey with the territory’s emblem. The imagery was very similar to the black-and-white Hong Kong flag used by anti-government protesters.
Ng countered that he wore his own clothes to the event because he didn’t have sponsorships to provide jerseys and he wasn’t authorized to print the emblem on a jersey himself.
See what others are saying: (Inside) (Al Jazeera) (CNN)
Canadian Catholic Priest Says Residential Schools Survivors Lied About Abuse
The Roman Catholic Church is facing considerable backlash across Canada for its treatment of indigenous peoples in the residential school system, along with its subsequent efforts to downplay the problem.
Priest Sparks Outrage
Father Rheal Forest was put on forced leave Wednesday following remarks he made over a weeks-long period starting July 10 in which he doubted victims of the country’s infamous residential school system.
Residential schools were a system of schools largely for indigenous children that were mostly run by the Catholic Church with federal government funding. The schools were notoriously cruel and long faced allegations that children had been abused or went missing under their care.
To date, over 1,300 unmarked graves have been found at four former residential schools across Canada, a fraction of the over 130 that used to exist.
Forest, of the St. Boniface archdiocese in Winnipeg, was standing in for a couple of weeks while the main priest at his church was away. During that time, Forest told parishioners that victims of the residential schools, particularly those sexually abused, had lied.
“If [the victims] wanted extra money, from the money that was given to them, they had to lie sometimes — lie that they were abused sexually and, oop, another $50,000,” he said.
“It’s kind of hard if you’re poor not to lie.”
In that same sermon, he also added that during his time with Inuit groups in the north of the country, most had allegedly said they appreciated the residential school system. Instead, he said they blamed any abuses on lay people working at the facilities rather than priests or nuns.
Forest’s comments drew a ton of backlash, prompting the archdiocese to place Forest on leave. A spokesperson for the archdiocese said that the institution “completely disavow” Forest’s comments, adding, “We very much regret the pain they may have caused to many people, not least of course Indigenous people and, more specifically, survivors of the Residential School system.”
Overall, the archdiocese has attempted to apologize to indigenous communities for its part in the residential school system, with Archbishop Albert Legatt saying in a video that the way forward was by “acknowledging, apologizing, and acting” on terms set by indigenous groups.
Church Allegedly Kept Money From Victims
Forest’s views and subsequent dismissal aren’t the only public relations scandal the Roman Catholic Church faces in Canada.
According to documents obtained by CBC News, the Church spent over a decade avoiding paying out money to survivors per a 2005 agreement. At the time, it, alongside the protestant churches that also ran some residential schools, agreed to pay an amount to victims of the schools in the tens of millions.
Instead, according to an internal summary of 2015 court documents, the Catholic Church spent much of that money on lawyers, administration, a private fundraising company, and unapproved loans. It seems that some of this was technically legal, such as a promise to give tens of millions back via “in-kind” services; however, there was no audit completed to confirm that these services actually happened or to prove the alleged value of the services. This led to doubts about whether or not they were done effectively.
The Catholic Church was unique among the signatory churches in the 2005 agreement with its efforts to avoid paying victims. All of the other denominations paid out their sums many years before without issues.
While priests such as Father Forest have supported the Church, there has been internal backlash. Father André Poilièvre, a Saskatoon priest and Order of Canada recipient, said the Church’s actions are “scandalous” and “really shameful,” adding, “It was a loophole. It might be legal, but it’s not ethical.”
With these latest revelations, widespread anger at the Church has triggered allegations that indigenous groups are behind a spree of church burnings across the country.
The entire situation is likely going to continue to smolder as a government commission set up to investigate the schools estimates there will be thousands of more unmarked graves found across Canada.
See what others are saying: (CBC News) (The Guardian) (CTV News)
Tokyo Sets Back-to-Back Records for Number of Daily COVID-19 Cases
Some positive cases were detected among people attending the Olympic Games, including a handful of athletes.
Cases Going Up
The Tokyo Olympic Games found itself in more controversy on Wednesday after Tokyo experienced a record number of daily COVID-19 cases for the second day in a row.
On Tuesday, the city recorded 2,848 new cases of the virus, passing the 2,500 daily new case threshold for the first time since the pandemic began. Then on Wednesday, it shattered the record again with 3,177 new COVID-19 cases.
At least 155 of those new cases were detected among people attending the Games, including a handful of athletes, which contrasts Prime Minister Suga Yoshihide’s promise that the Olympics wouldn’t be hit with the virus. The spike in new cases has largely been attributed to the delta-variant, something that many countries are dealing with around the world.
Nishimura Yasutoshi, a Japanese economic minister, told a parliamentary panel this week that COVID-19 cases are expected to continue rising for at least a few days. He also explained that many people may have delayed getting tested last week due to holidays, therefore inflating total daily new case numbers.
Governors in prefectures around Tokyo have moved to ask the government for states-of-emergency, which Tokyo is already under.
Doubts About Government Response
The prime minister said in a press conference on Tuesday that “the government has secured a new drug that reduces the risk of serious illness by 70 percent,” adding, “we have confirmed that this drug will be used thoroughly from now on.”
However, he never actually mentioned what drug he was referencing.
“In any case, under these circumstances, I would like to ask the people to avoid going out unnecessarily and to watch the Olympics and Paralympics on TV,” Suga continued.
He also stressed that canceling the Olympics amid the outbreak was completely out of the question, although there have been continued calls from the public and opposition lawmakers for just that.
Beyond refusing to cancel the Games, Suga is facing backlash for refusing to enact strict state-of-emergency protocols. Currently, the measures in Tokyo are almost all voluntary and consist of asking people to stay home, along with requesting restaurants that serve alcohol to completely close and telling all others to shut down by 8 p.m.