Reply #4: Our new Supreme Court Justice, Sotomayor, participated in this case, but NOT the Decision. [View All]

[happyslug]

Thus we do NOT know if she would have voted with the Majority or the dissent. The Majority concentrated on the fact that CONGRESS has NOT EXPRESSLY passed any law that permits a person like the Plaintiff to sue the Federal Government or one of its agents. The Majority ruled that the Act against Torture is aimed at FOREIGNERS who do torture and later come under US jurisdiction NOT any FEDERAL official who arranged for someone to be removed to be Tortured. The Majority relies on dicta in Bivens v. Six 8 Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971)
See: http://supreme.justia.com/us/403/388/case.html To say that since the Supreme Court used language that indicated Bivens was an extraordinary situation, the court should be reluctant to extend Bivens to a case like this one. The dissent clearly says this is a Bivens type case and should be reinstated.