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Maintaining the Rule of Law Requires New Ideas and New Remedies

The Supreme Court’s jurisprudence in cases concerning whether law enforcement can be held accountable of violating the rights of Americans (as well as non-citizens) is a mess. If you were harmed by ICE, CPB, you name it, unless your name is “Bivens,” you don’t stand much of a chance of getting restitution in federal court.

That should no longer stand.

In response to recent event, we’re reemphasizing our long-standing commitment to the rule of law. That means holding everyone who violates the law accountable.

First off, we’re backing legislative proposals like the Accountability for Federal Law Enforcement Act, wand the Bivens Act, which seeks to hold federal law enforcement officers and their agencies accountable when they violate the law.

Second, we’ve called on Congress to decouple the Department of Homeland Security funding bill, H.R. 7147, from the judiciary funding bill, H.R. 7006. The separation of these bills allows lawmakers to debate funding for the federal courts on its own merits rather than as part of a larger package combining court funding with funding for the DHS, which needs serious revisions.

These developments reflect a broader theme we plan to highlight throughout the remainder of 2026 and beyond: strengthening the rule of law through institutional accountability and reform. Our work will focus on ensuring that both the judiciary and law enforcement operate under clear and enforceable standards that uphold public trust.

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