States Increase Efforts to Hold Federal Officers Accountable for Misconduct
Several U.S. states are enacting and testing civil causes of action to hold federal officers accountable for misconduct, a trend described by some as 'reverse 1983' efforts. States like Illinois, Connecticut, Vermont, Oregon, and Maryland have passed such statutes, with Maryland's law taking effect in October. California's 'No Kings Act,' SB 747, has also passed the State Senate. This movement is rooted in the historical understanding that state-law damages suits against federal officers were a common mechanism for accountability until the 1971 Bivens decision. The Justice Department has challenged Illinois's Bivens Act, arguing it violates the Supremacy Clause by directly regulating and discriminating against federal officers, particularly in immigration enforcement. However, proponents argue that well-designed state laws can enforce constitutional rights uniformly across all government actors without singling out federal functions. 
