CUA Law professor Mary Graw Leary was quoted in a February 24 Catholic News Agency article entitled "Supreme Court hears case of Mexican teen shot at border." See Below

Supreme Court hears case of Mexican teen shot at border

Catholic News Agency
Date: February 24, 2017
By: Matt Hadro

The Supreme Court this week heard oral arguments in the case of a Mexican teen shot dead by a border patrol agent. But when it comes to legal standing in the case, the situation is far from clear.

"This is a difficult case, as its facts are very compelling for the plaintiffs, but the law is less so," said Mary G. Leary, professor of law at The Catholic University of America.

Leary spoke with CNA about the case Hernandez v. Mesa currently before the Supreme Court.

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Although the Hernandez family has appealed to the Constitution, the Fourth Amendment protections might not necessarily apply in the case, Leary said.

"The plaintiffs have made a constitutional claim, but it is far from clear that the Constitution applies to the family of a non-American citizen injured or in this case killed outside the border of the United States," she stated.

The Fourth Circuit had dismissed the case, saying "the plaintiffs fail to allege a violation of the Fourth Amendment, and that the Fifth Amendment right asserted by the plaintiffs was not clearly established at the time of the complained-of incident."

Oral arguments in the case of Hernandez v. Mesa were heard by the Supreme Court on Tuesday.

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