Average Joe SCOTUS: Hernandez v. Mesa

On the face of it, this one makes me fucking sick. So apologies in advance for my strong opinions. I can’t find anything humorous to say on this one.

Several Mexican kids were playing near the U.S./Mexico border, jumping back and forth across it.  Border agent, Jesus Mesa, rolls up on a bicycle to do his job, and catches one of the kids—detaining him in the U.S.

Before I go on, I want to be clear; I think border enforcement is an important job, and I have nothing against them doing it, as the job description says they should. But this is not that. It’s not even fucking close, IMO.

Another boy, 15-year-old Sergio Adrián Hernández Güereca managed to escape back to Mexico with his friends, and thus was not detained. He stood there, watching as his buddy was detained by Mesa.

Mesa alleged the boys, including Hernandez, started throwing rocks (allegedly not confirmed in video of the incident). Now I don’t know how fucking hard 15 year olds can throw a fucking rock, but I’m pretty sure, it’s not deadly. Yet somehow, this cop Mesa shot young Hernandez across the border in the face, killing him.

I’ve tried my best to find any reason whatsoever to defend Mesa’s actions, but I just can’t. If he was getting pummeled with rocks, and since he was on a bike, didn’t have something to protect himself, I can see where he might have panicked and fired to get the kids to stop doing it. He had one of the boys in custody after all, so he was probably trying to not let this kid go, and at the same time, avoiding injury from the rocks.

Anyway, the U.S. for reasons I cannot comprehend, opted not to charge Mesa at all. Not even for a lesser crime than murder. This incident occurred in 2010, so before anyone wishes to argue Trump is to blame for the inaction, this was the Obama DOJ.

Mexico charged Mesa with Murder, but the U.S. refused to extradite Mesa. So this man gets to walk free, when he clearly erred in shooting Hernandez.

Anyway, the parents of the boy, who aren’t Americans, are suing for wrongful death, since they can’t seem to get any other justice for their sun, and SCOTUS needs to decide whether they have cause to do so.

The majority opinion split along left/right lines ultimately decided that congressional authorization must be given to sue the agent who shot Hernandez, because of the international issue which potentially has national security issues at stake if this becomes precedent. But ultimately, that the constitution does not protect non-Americans in a situation which occurs outside America, just because the incident was perpetrated by an American.

https://www.forbes.com/sites/nicksibilla/2019/09/27/sleeper-supreme-court-case-could-make-suing-rogue-federal-agents-almost-impossible/#588a54ff2965

 

https://www.oyez.org/cases/2019/17-1678

 

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