Justice Souter's policy oriented analysis notes that there's a lot of ways to grieve government officials without making a federal case about it, and underlying his opinion must be some fear about what creating a constitutional retaliation claim might do ("a Bivens action to redress retaliation against those who resist Government impositions on their property rights would invite claims in every sphere of legitimate governmental action affecting property… [read post]

More background on the Wilkie v. [read post]