Today we’re covering some events in this past week. The US Supreme Court tossed out a case titled Hernandez V. Mesa, where a Mexican boy was shot by a US border patrol agent. The plaintiff was attempting to use part of the US Constitution in a Bivens action to hold the officer liable, and the court decided that such actions do not apply to non citizens across the border. Justice Samuel Alito delivered the opinion for a 5-4 majority.
This case is not what it seems to be, as Justice Thomas gave a concurring opinion, tossing out the US Constitution and all Bivens actions all together. Quoting Justice Thomas: “Stare decisis provides no “veneer of respectability to our continued application of [these] demonstrably incorrect precedents””.
Monday February 2nd brought oral arguments in Nasrallah v. Barr, Att'y Gen. (18-1432) which involves a young Lebanese Druze who is facing deportation as well as the risk of being harmed by extremists. This case arrives amidst many problems and difficulties which immigration is facing, as the United Nations as well as International law as a whole, normally serving as a vehicle for holding countries liable for human rights violations, maintains a faulty relationship, almost non-existent since the United States no longer recognizes the International Covenant of Human Rights as well as other treaties. Nasrallah appears to be accused of allegedly committing theft, specifically burglary and robbery. The respondent in his appeal also appears to cite a familiar sounding case of Ademi V. Ashcroft. Former Attorney General Ashcroft was in charge of handling many cases of national security during the bush administration. Whatever Nasrallah is facing, it appears to be suggesting that it involves some type of national security concern, and this, may ultimately reflect just how dark things have become in the United States Judiciary.
On other domestic law matters, an action was filed in the Federal District Court of Baltimore Maryland on February 7th 2020 against local state judges, Ackermann V. Mitchell et al. It appears there has been discrimination in Maryland Courts, and someone has been suffering from a medical condition. Not having access to much detail, it also appears that this case has stalled awaiting a summons. This complaint is one of many which have been raised against the defendants. The Hon Patricia Mitchell of the District Court of Rockville, retired Hon Micheal D. Mason of the Circuit Court of Montgomery County, Chief Justice Mary Ellen Barbera, Hon Robert McDonald, Hon Michele Hotten, Hon Shirley Watts, Hon Joseph Getty, retired Hon Clayton Greene Jr, and retired Hon Sally D. Adkins. There is also a Montgomery County Circuit court employee Mary Lynn listed for a violation.
Maryland state Delegate Cheryl Glenn has been charged with receiving bribes to pass legislation. Glenn represents the 45th east district of Baltimore MD. Federal prosecutors accused the former delegate of soliciting bribes from March 2nd 2018 to February 11th 2019. The Maryland Attorney General’s office has denied a Maryland Public Information act request for documents. The public still drearily lacks information about who bribed former delegate Glenn $35,000. Maryland Public Information act requests have become very difficult to obtain for members of the public and even the press. The act supposedly grants a broad access to documents in control of the state, yet the agencies which receive the requests deny them. Some of this may be due in part to a previous fourth circuit decision in the Federal District of Maryland concerning FOIA requests
Last but not least, there has been an ongoing feud with Gov. Larry Hogan and Marilyn Mosby over conviction rates and crime in Baltimore. Mosby has written a letter to legislators arguing that she has been making serious efforts to handle crime in Baltimore, to which Gov. Hogan does not agree with. Senate Bill 1078 has been an important part in this matter to deal with problems in Baltimore. Mosby has stated that the bill “brings in more resources” to deal with conviction rates. The bill also changes the definition of emergencies in Baltimore to include crimes. Gov. Hogan is rather more interested in transferring resources from Mosby’s city to Attorney General Brian Frosh. A total of 25 prosecutors would be received by the Maryland Attorney General if the Governor was able to execute on his position. Mosby’s letter contradicts some of her argued misconceptions about crime in Baltimore, mentioning a nolle prosequi rate of about 9%. Mosby also states that the Hogan resolution would be “problematic”. AG Frosh in contrast has stated that he only has 9 people as prosecutors under his position as Attorney General. Governor Hogan has also stated that he just wants to see the murders and shootings stopped in the city, as Baltimore is allegedly surging with violent crime. Many of this issues in this affair do not really explain both Baltimore and Maryland’s overall use of resources, as the means involved in this subject seem to disappear, and slows things down. Mosby stands to be a bringer of leadership, vision and reform, as she tweets on her twitter endorsing Nick Mosby for the Baltimore City council Presidential race.