National Review3y
Dissents from Denial of En Banc Rehearing on Ninth Circuit Panel’s Dubious Expansion of Bivens Damages Remedy
See Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics (1971). The Court, of course, did not ground such a ruling in the text or history of the Constitution, but relied on the ...
National Review1y
This Day in Liberal Judicial Activism—October 6
In 1971, the Supreme Court had ruled in Bivens v. Six Unknown Federal Narcotics Agents that the Constitution confers a claim for damages against a federal agent for allegedly unconstitutional conduct.