‘The Pulse of the Court’: Lawsuits Against Government Officers & the February Sitting

Today, in the Gray Center's "Pulse of the Court" podcast series, Steve Engel of Dechert LLP and Jenn discuss the just-completed February oral argument sitting at the Supreme Court. They focus primarily on the final case of the sitting, Egbert v. Boule, which raises important questions about whether, and when, federal officers should be subject to monetary damages for alleged violations of constitutional rights.

In Egbert, a border agent was sued in his individual capacity for his actions during an investigation of a bed-and-breakfast known as the Smugglers Inn near the U.S.-Canada border. Mr. Engel filed an amicus brief in the case on behalf of former U.S. attorneys general who addressed the separation of powers issues related to judicial implication of remedies versus congressionally enacted statutory causes of action. Prof. Mascott filed an amicus brief in her academic capacity, discussing whether historical practice within the federal system is consistent with the Bivens implied claims for monetary damages at issue in the case. On the episode, Jenn and Steve discuss lawsuits against government officers, the facts and arguments in this particular case, their amicus briefs, and the Justices' discussion at oral arguments yesterday morning. They also briefly address general themes from the February sitting, which also included consideration of the challenge to U.S. Environmental Protection Agency clean air regulations in West Virginia v. EPA.

Guest: Steve Engel, Partner, Dechert LLP & former Assistant Attorney General, Office of Legal Counsel