A divided Supreme Court ruled Tuesday in favor of a Border Patrol agent who faced a lawsuit from parents of a Mexican child he killed in a June 2010 cross-border shooting.
"As we have made clear in many prior cases," Justice Samuel Alito wrote in his opinion, "the Constitution’s separation of powers requires us to exercise caution before extending Bivens to a new 'context,' and a claim based on a cross-border shooting arises in a context that is markedly new."
In Tuesday's opinion, Alito noted the high standard of extending Bivens to a "new context" and gave several reasons why it was inappropriate in this case.
Alito also pointed to concerns with the court getting involved with matters of national security.
While Mesa was on American soil at the time, Hernández was on the Mexican side of the border when Mesa shot him.