tomatolung

In the wake of the Chicago South Shore raid—which reportedly saw masked U.S. agents rappelling down from a Black Hawk helicopter, bursting into a 130-unit building, kicking down doors, zip-tying and holding American citizens at gunpoint, and the detention of 37 Venezuelan nationals—a law school classmate asked me: Why isn’t every one of these raids—where officers trash property and terrorize residents—a potential Bivens case?

The answer, chilling, at least to me, is: Because my team and I spent decades at the Department of Justice making sure that such lawsuits would be dismissed, typically without trial, and often even without discovery.

For half a century, Bivens v. Six Unknown Named Agents has been hailed as the primary safeguard against unconstitutional actions by federal officers. Bivens permitted victims of these actions to seek money damages from individual federal officers directly under the Constitution. These actions are often analogized to the far more common “Section 1983” claims available against state and local officials under the Civil Rights Act of 1871. But accountability under Bivens is far more constrained than many lawyers might assume. Certainly, if you ask the general public whether they think there is a way to file a civil suit and receive compensation—whether from individual officers or the United States more broadly—for constitutional violations such as excessive or deadly force by federal actors, the general belief is: of course. Yet constitutional violations hardly ever result in the payment of damages. The reality is the behemoth that was Bivens now no longer serves victims of constitutional harms, the federal workforce as a whole, individual officers in particular, or society at large. Those in the United States must look somewhere else for recompense, deterrence, settled litigation expectations, and institutional and jurisprudential order.

Here’s why.

...

...

The stakes are high: Foreign products have been increasingly linked to outbreaks of foodborne illness. In recent years, FDA investigators have uncovered disturbing lapses in facilities producing food bound for American supermarkets. In Indonesia, cookie factory workers hauled dough in soiled buckets. In China, seafood processors slid crawfish along cracked, stained conveyor belts. Investigators have reported crawling insects, dripping pipes and fake testing data purporting to show food products were pathogen free.

In 2011, Congress — concerned about the different standards of overseas food operations — gave the FDA new authority to hold foreign food producers to the same safety standards as domestic ones. Although the agency’s small team remained unable to visit every overseas facility, inspections rose sharply after the mandate — sometimes doubling or tripling previous rates.

Now, the U.S. is on track to have the fewest inspections on record since 2011, except during the global pandemic.

Fewer inspections have taken place than at any time since 2011, excluding 2020 to 2022, when inspections slowed significantly because of the coronavirus pandemic.

...

With such limitations, the agency’s inspections have often been reactive instead of proactive. In 2023, for example, FDA investigators did not descend on a Mexican strawberry farm until about 20 people had been hospitalized with hepatitis A, a highly contagious infection that causes liver inflammation and, in some cases, liver failure and death.

Hepatitis A is spread through the consumption of small or even microscopic bits of feces. Farm workers can shed the virus when picking fruit, or it can be transmitted through contaminated water.

At the Mexican berry farm, federal investigators found significant safety violations, including sanitation facilities with hand-washing water that was dirty, gray and leaking throughout the growing area; one toilet offered no ability to wash one’s hands. The FDA censured the company, citing 11 violations of American food safety regulations. According to public data, the agency did not reinspect the farm to ensure it had made corrections even as its products kept entering the United States.

The Department of Homeland Security says it intends to add state driver’s license information to a swiftly expanding federal system envisioned as a one-stop shop for checking citizenship.

The plan, outlined in a public notice posted Thursday, is the latest step in an unprecedented Trump administration initiative to pool confidential data from varied sources that it claims will help identify noncitizens on voter rolls, tighten immigration enforcement and expose public benefit fraud.

According to emails obtained by ProPublica and The Texas Tribune, DHS approached Texas officials in June about a pilot program to add the state’s driver license data, but it’s not clear if the state participated.

Earlier this year, DHS added millions of Americans’ Social Security data to the Systematic Alien Verification for Entitlements, or SAVE, system, allowing officials to use the tool to conduct bulk searches of voter rolls for the first time. According to the document filed Thursday, SAVE also recently expanded to include passport and visa information.

EINDHOVEN, The Netherlands — The European Union’s rules on artificial intelligence are driving tech workers and companies to Silicon Valley, a top executive from the Dutch chipmaking giant ASML has said.

“Why is it so difficult to get AI done in Europe? Simply because we started with regulating, to keep AI under the thumb,” ASML’s Chief Financial Officer Roger Dassen told an event in Eindhoven on Monday evening.

“Someone who has a talent for artificial intelligence, the first thing they do with their hard-earned money … is buying a ticket to Silicon Valley,” Dassen said.

The comments — made during a campaign event for Dutch center-right party Christian Democratic Appeal ahead of national elections Oct. 29 — are another shot across the bow of the EU’s embattled artificial intelligence law.

...

With friends who work in AI, I can tell you not all are motivated by money alone, some of them actually do want the scary potential (aka Flock, etc) regulated and are working from Europe.