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smitty1110 | 1 year ago

You need Congress to make clear, explicit changes to laws on the subject. Not just to add additional restrictions, but to make changes to liability. Right now, a lot of violations will get chastised in court, but the officials responsible will face no consequences due to qualified immunity.

I don't claim to know what the right was to address this situation is, this is a thorny legal issue, but someone needs to think through options and consequences.

discuss

order

freeone3000|1 year ago

Remove the concept of qualified immunity (which has no congress-passed law creating it as a concept) and replace its utility against spurious prosecution with a blanket mens rea requirement for individual blame for regulatory offenses in an official capacity.