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It was always CLEARLY unconstitutional. It's worrying it took so long to have it declared as such.



As an American I'm very confused why clear constitutional violations don't warrant any repercussions on the perpetrating individuals.

So I work for a company that deals with medical data, if I violate HIPAA, I don't get to just keep doing it until a federal court says stop and then walk away as if nothing happened. I'm personally held responsible for those violations. Not just my company, me.

Why aren't each of these agents that obviously and egregiously violated the constitution subject to imprisonment or fines for each violation?


The Constitution does not specify punishments for violating it. Congress could pass legislation specifying punishments in accordance with this ruling, but it would not be retroactive.


They did: 42 USC 1983. ( https://www.law.cornell.edu/uscode/text/42/1983 ). It technically only applies to actions by state by state (or local) officials, not federal, though SCOTUS created an equivalent for federal actions known as Bivens ( https://en.wikipedia.org/wiki/Bivens_v._Six_Unknown_Named_Ag... ). However, SCOTUS has also limited both with the doctrine of qualified immunity. ( https://en.wikipedia.org/wiki/Qualified_immunity )


Interesting. Thank you.


The level that the bill of rights applies to non-residents isn't very clear. The fourth amendment specifies the right of "the people", but it doesn't expand on who this includes. Some interpretations have it as us residents, some have it as all people.




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