1. United States
2. Calif.
3. Letter

I am writing as your constituent to urge you to support Bivens reform legislation that would restore our ability, as ordinary Americans, to seek damages in federal court when federal officials violate our constitutional rights. Right now, we are effectively blocked from suing federal officials for damages in federal court when they violate our constitutional rights. The Supreme Court has hollowed out the Bivens doctrine to the point of near extinction, leaving federal officers, for all intents and purposes, above the law in many contexts. Unless the state itself chooses to act on our behalf, federal agents can seriously harm us and face little meaningful civil accountability. That is not how a constitutional democracy that takes rights seriously should function. Across the political spectrum, people have long recognized that this kind of impunity is dangerous. Conservatives, liberals, and libertarians alike have argued that when government officials violate fundamental rights, there must be a real remedy for the individuals harmed. Over the years there have been many proposals to allow people to pursue damages against federal officers precisely to protect our most basic freedoms, but Congress has yet to enact a durable fix. This Congress already has several promising measures before it, including the Accountability for Federal Law Enforcement Act (S. 3470) and the Bivens Act (H.R. 6091/S. 3187). I respectfully ask you to add your support to one of these Bivens reform efforts and to work actively to move it forward. Restoring a clear cause of action against federal officials who violate the Constitution would reaffirm that no one in our system is above the law and that rights come with real remedies, not just words on paper. Thank you very much.