2021 marks the fiftieth anniversary of the Supreme Court’s landmark decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, in which the Court recognized an implied cause of action for damages against federal officers who violate an individual’s constitutional rights. The Court has since limited the application of Bivens, extending its scope in only two contexts. This year’s Symposium provides an opportunity to reflect on the Court’s approach to judicial decision-making in this area and consider the proper mechanisms for holding the federal government accountable moving forward.

The keynote address will be delivered by Steve Vladeck and Leah Litman, plaintiffs’ counsel in Hernández v. Mesa. On appeal to the Supreme Court in 2019, Professors Vladeck and Litman argued that a Bivens remedy should be available in a case involving a cross-border shooting of a Mexican teenager by a United States Border Patrol agent. The Court’s decision denying relief in this context suggests Bivens claims will not be widely available as a remedy going forward. Professors Vladeck and Litman will discuss their involvement in this pivotal case.

Alexander Reinert presents Going Rogue: The Supreme Court’s Newfound Hostility to Policy-Based Bivens Claims, and is co-authored with Professors Jim Pfander and Joanna Schwartz.