Anonymous ID: c8d581 Dec. 20, 2020, 5:45 a.m. No.12103333   🗄️.is 🔗kun   >>3344 >>3367 >>3387 >>3405 >>3421 >>3443 >>3462 >>3469 >>3476 >>3499 >>3504 >>3525 >>3552 >>3568 >>3587 >>3607 >>3627 >>3653 >>3684 >>3725 >>3749 >>3787 >>3809 >>3828 >>3845 >>3862 >>3883 >>3904 >>3933 >>3947

The Supreme Court might be finding its way to overturning 'qualified immunity'

 

This month, the United States Supreme Court issued a remarkable opinion that could pave the way to repealing qualified immunity. That doctrine — which shields government workers from accountability when they violate the constitution — relies on the policy that government workers should rarely be subject to lawsuits for money damages. But in Tanzin v. Tanvir, a unanimous Supreme Court said that it is not its business to do policy. In addition, it held that damages are not only an appropriate remedy against government workers who violate the Constitution, but that “this exact remedy has coexisted with our constitutional system since the dawn of the Republic.”

 

The case involves a group of Muslim men who, following the dictates of their faith, refused to cooperate with the FBI and spy on their communities. In retaliation, FBI agents placed the men on the No Fly List, robbing them of the ability to travel to see family or for work. Muhammad Tanvir, for example, lost his job as a long-haul trucker because it required him to fly cross-country after finishing deliveries.

 

The Religious Freedom Restoration Act and 'appropriate relief'

In the civil right lawsuits filed against the FBI agents, Tanvir and others asked for damages for violations of their religious rights. Luckily, there was just the statute to use in these circumstances. In 1993, Congress passed The Religious Freedom of Restoration Act (“RFRA”), which provided that individuals whose religious rights were violated by federal agents could sue to “obtain any appropriate relief against a government.”

 

In response, the government argued that “appropriate relief” does not include money damages. Although damages are the most common relief in lawsuits between regular people, the government argued that its employees should be treated differently. To convince the Court to adopt this special treatment, the government offered a plethora of policy arguments, all amounting to the idea that simply working for the government makes people impervious to damages suits.

 

In a unanimous opinion penned by Justice Thomas, the Court disagreed. And in doing so, it undermined one of the primary justifications supporting the doctrine of qualified immunity.

 

The Supreme Court created qualified immunity in 1982 to shield White House aides in the Nixon administration from a constitutional lawsuit. As its main justification, the Court relied on something it was not supposed to — policy. According to the Court in 1982, the availability of money damages against government workers would lead to negative policy outcomes: people would not take government jobs, and if they did, they would be distracted or afraid to act. To avoid those expected (and since disproven) policy outcomes, the Court created qualified immunity, which effectively overrode the constitution, shielded government workers from liability, and left the victims of constitutional violations to bear the cost.

 

That’s how things stood until earlier this month.

 

In a historic decision, the Supreme Court not only embraced damages as an appropriate and traditional remedy for violations of constitutional rights, but also rejected the government’s invitation to consider policy arguments in order to deny plaintiffs their day in court. Justice Thomas wrote for the unanimous Court that while there “may be policy reasons why Congress may wish to shield Government employees from personal liability … there are no Constitutional reasons why we must do so in its stead … Our task is simply to interpret the law as an ordinary person would.”

 

In other words, instead of hewing closely to its 1982 precedent that considered policy to justify the creation of qualified immunity, the Court looked deeper into its past and embraced this country’s first principles, such as that where there is a right, there must be a remedy and that while Congress could certainly consider policy, the job of the Court is to focus on the law, and its interpretation.

 

https://www.yahoo.com/news/supreme-court-might-finding-way-090009786.html

Anonymous ID: c8d581 Dec. 20, 2020, 5:58 a.m. No.12103407   🗄️.is 🔗kun   >>3414

>>12103382

>on Election Fraud

 

The DS is projecting ML will be used to keep Trump in office.

ML will probably be used when it's proven TREASON was committed on a Mass Scale by the DS, and then due to their butthurt, Riots are activated by the toilet swirling turds, fighting from being FLUSHED!

Anonymous ID: c8d581 Dec. 20, 2020, 7:03 a.m. No.12103801   🗄️.is 🔗kun   >>3809 >>3826 >>3828 >>3856 >>3862 >>3883 >>3904 >>3915 >>3933 >>3947

Oracle billionaire Larry Ellison has moved to Lanai, the Hawaiian island he's spent half a billion dollars developing. Here's how Ellison bought 98% of the island and turned it into a sustainability experiment.

 

Ellison revealed this week that he has moved to Lanai, Hawaii, amid the coronavirus pandemic. He plans to use "the power of Zoom to work" from the island, he wrote in an email to Oracle employees, who had been asking about Ellison's plans in the wake of Oracle moving its headquarters to Austin, Texas.

 

Ellison owns almost the entirety of Lanai: He purchased nearly 98% of the island in 2012 for a reported $300 million - his purchase included 87,000 of the island's 90,000 acres of land.

 

more

https://www.yahoo.com/news/oracle-billionaire-larry-ellison-moved-124100634.html

Anonymous ID: c8d581 Dec. 20, 2020, 7:07 a.m. No.12103820   🗄️.is 🔗kun   >>3828 >>3862 >>3883 >>3904 >>3933 >>3944 >>3947

Biden's options for Russian hacking punishment: sanctions, cyber retaliation

 

WILMINGTON, Del./WASHINGTON (Reuters) - President-elect Joe Biden's team will consider several options to punish Russia for its suspected role in the unprecedented hacking of U.S. government agencies and companies once he takes office, from new financial sanctions to cyberattacks on Russian infrastructure, people familiar with the matter say.

 

The response will need to be strong enough to impose a high economic, financial or technological cost on the perpetrators, but avoid an escalating conflict between two nuclear-armed Cold War adversaries, said one of the people familiar with Biden's deliberations, speaking on condition of anonymity.

 

The overarching goal of any action, which could also include stepped-up counter cyber espionage efforts, would be to create an effective deterrence and diminish the potency of future Russian cyber spying, the person said.

 

The unfolding crisis - and the lack of visibility over the extent of the infiltration into the computer networks of federal agencies including the Treasury, Energy and Commerce Departments - will push to the front of Biden's agenda when he takes office on Jan. 20.

 

President Donald Trump only acknowledged the hacking on Saturday almost a week after it surfaced, downplaying its importance and questioning whether the Russians were to blame.

 

The discussions among Biden's advisers are theoretical at this point and will need to be refined once they are in office and have full view of U.S. capabilities.

 

Biden's team will also need a better grasp of U.S. intelligence about the cyber breach before making any decisions, one of the people familiar with his deliberations said. Biden's access to presidential intelligence briefings was delayed until about three weeks ago as Trump disputed the Nov. 3 election results.

 

With Trump taking no action, Biden's team are concerned that in the coming weeks the president-elect may be left with only one tool: bluster, according to one of the people familiar with his options.

 

"They'll be held accountable," Biden said in an interview broadcast on CBS on Thursday when asked about how he would deal with the Russian-led hack. He vowed to impose "financial repercussions" on "individuals as well as entities."

 

more

 

https://www.yahoo.com/news/bidens-options-russian-hacking-punishment-111606285.html