The policing problem SCOTUS could fix — but won't
For a while in 2020, "there was some hope that the Supreme Court might walk back its 50-year jurisprudence on qualified immunity, the doctrine that makes it nearly impossible to recover damages when police violate the Constitution," The Washington Post's Radley Balko noted last week. There was political momentum on the issue after the murder of George Floyd by Minneapolis police — I wrote about this at the time — and, as Balko recalls, "the court ruled last term in favor for the plaintiffs in two cases involving horrific abuse by prison guards."
Last month, however, SCOTUS unanimously overturned two appeals court decisions, granting qualified immunity to officers in use-of-force cases in Oklahoma and California. And on Monday, the court declined to hear Frasier v. Evans, a case in which police officers in Denver violated the First Amendment rights of a man, Levi Frasier, who was recording their conduct, including "officers hitting [a] suspect in the face and knocking a pregnant woman onto the ground."
Here's a summary of key facts of the case from Cato Institute attorney Jay Schweikert:
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
If that seems like unlawful conduct for which law enforcement officers, of all people, should be held to account, well, welcome to frustration about qualified immunity — and about the Supreme Court's apparent refusal to correct this problem of the court system's own making.
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Bonnie Kristian was a deputy editor and acting editor-in-chief of TheWeek.com. She is a columnist at Christianity Today and author of Untrustworthy: The Knowledge Crisis Breaking Our Brains, Polluting Our Politics, and Corrupting Christian Community (forthcoming 2022) and A Flexible Faith: Rethinking What It Means to Follow Jesus Today (2018). Her writing has also appeared at Time Magazine, CNN, USA Today, Newsweek, the Los Angeles Times, and The American Conservative, among other outlets.
-
What is cloud seeding and did it cause Dubai's severe rainfall?
The Explainer The future is flooded
By Devika Rao, The Week US Published
-
American Airlines pilots are warning of a 'significant spike' in safety issues
In the Spotlight The pilot's union listed 'problematic trends' they say are affecting the airline's fleet
By Justin Klawans, The Week US Published
-
6 star-spangled presidential libraries to visit
The Week Recommends These institutions provide insight into American leaders
By Catherine Garcia, The Week US Published
-
'Elevating Earth Day into a national holiday is not radical — it's practical'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Is the Supreme Court about to criminalize homelessness?
Talking Points The court will decide if bans on outdoor camping are 'cruel and unusual'
By Joel Mathis, The Week US Published
-
Myanmar: the Spring Revolution and the downfall of the generals
Talking Point An armed protest movement has swept across the country since the elected government of Aung San Suu Kyi was overthrown in 2021
By The Week Staff Published
-
In what states is abortion legal, illegal, and in limbo?
In The Spotlight Where American states stand on abortion care
By Theara Coleman, The Week US Published
-
How could the Supreme Court's Fischer v. US case impact the other Jan 6. trials including Trump's?
Today's Big Question A former Pennsylvania cop might hold the key to a major upheaval in how the courts treat the Capitol riot — and its alleged instigator
By Rafi Schwartz, The Week US Published
-
Arizona court reinstates 1864 abortion ban
Speed Read The law makes all abortions illegal in the state except to save the mother's life
By Rafi Schwartz, The Week US Published
-
'Young kids simply shouldn't be on social media'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
'A great culture will be lost if the EV brigade gets its way'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published