U.S. Supreme Court engineers constitutional injustice
Qualified immunity for constitutional torts emboldens more violations and leaves the victims with rights without remedies
August 24, 2023
Letters to the Editor
The Washington Post
Re: “A sickening ruling on ‘qualified immunity’” (George Will column, August 24, 2023)
To the Editor:
George Will’s chastisement of subordinate federal judges for following the Supreme Court’s misbegotten “qualified immunity” defense for constitutional torts is like Cleopatra assaulting the messenger for bringing unwanted news. The culprit is the United States Congress for neglecting to revoke qualified immunity under the landmark civil rights statute, 42 United States Code, section 1983, after the Supreme Court invented the doctrine in Pierson v. Ray (1967). Justice is the end of government and civil society. Qualified immunity, as Mr. Will’s column demonstrates, is an engine of injustice.
Sincerely,
Bruce Fein, associate deputy attorney general under President Reagan, 1981-83, and author of American Empire Before The Fall
300 New Jersey Avenue, N.W., Suite 900
Washington, D.C. 20001
Phone: 202-465-8728; 703-963-4968 (M)
Email: bruce@feinpoints.com