Stephen I. Vladeck of the University of Texas School of Law has written an op-ed for the New York Times titled “Our Increasingly Unenforceable Constitution.”
The article examines the history of U.S. Supreme Court decisions addressing the mechanisms for enforcing constitutional rights with an in-depth look at last year’s ruling in Ziglar v. Abbasi. Professor Vladeck explores the influence of Abbasi, highlighting a recent Fifth Circuit Court of Appeals ruling involving the fatal shooting of a Mexican national on Mexican soil by a U.S. Border patrol agent on American soil. The family of the victim claims the shooting violated the victim’s Fourth and Fifth Amendment rights.