Courthouse Steps Decision: Egbert v. Boule


On June 8, 2022, the US Supreme Court decided in Egbert v. Boule that the authority of a court to imply a cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics does not extend to either Robert Boule’s Fourth Amendment excessive-force claim or his First Amendment retaliation claim.

Justice Thomas delivered the opinion of the Court. Justice Gorsuch filed an opinion concurring in the judgment. Justice Sotomayor filed an opinion concurring in the judgment in part and dissenting in part, in which Justices Breyer and Kagan joined.


  • Anya Bidwell, Attorney, Institute for Justice
  • John Masslon, Senior Litigation Counsel, Washington Legal Foundation
  • Moderator: Marc Levin, Chief Policy Counsel, Council on Criminal Justice and Senior Advisor, Right on Crime


As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.