Hernandez v. Mesa,
Annotate this Case
582 U.S. ___ (2017)
SUPREME COURT OF THE UNITED STATES
JESUS C. HERNANDEZ, et al., PETITIONERS v. JESUS MESA, Jr., et al.
on writ of certiorari to the united states court of appeals for the fifth circuit
[June 26, 2017]
Justice Thomas, dissenting.
When we granted certiorari in this case, we directed the parties to address, in addition to the questions presented by petitioners, “[w]hether the claim in this case may be asserted under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971) .” 580 U. S. ___ (2016). I would answer that question, rather than remand for the Court of Appeals to do so. I continue to adhere to the view that “Bivens and its progeny” should be limited “to the precise circumstances that they involved.” Ziglar v. Abbasi, ante, at 2 (Thomas, J., concurring in part and concurring in judgment) (internal quotation marks omitted). This case arises in circumstances that are meaningfully different from those at issue in Bivens and its progeny. Most notably, this case involves cross-border conduct, and those cases did not. I would decline to extend Bivens and would affirm the judgment of the Court of Appeals on that basis.