You’re creating an “any unconstitutional act cannot be official” rule that does not appear in the ruling and is contrary to tons of statute and case law. Qualified immunity codifies that rights violations can be official acts.
And as bad as today’s ruling is, I think your proposed rule would be worse because it would create tons of liability for good faith government employees.
We can’t have a world where it’s unclear if an act is official until there’s some kind of review of its outcome. The act itself has to be official (or not).
So now we’ve left the land of settled law are are into personal opinions. Which is fair enough, I detest qualified immunity, but it is the law of the land.
And as bad as today’s ruling is, I think your proposed rule would be worse because it would create tons of liability for good faith government employees.
We can’t have a world where it’s unclear if an act is official until there’s some kind of review of its outcome. The act itself has to be official (or not).