MORE THOUGHTS FROM WILL BAUDE on the Supreme Court’s latest stupid immunity decision.
I’ll repeat what I’ve said before: Governmental immunity, of both the qualified and absolute varieties, is a made-up product of judicial activism that has no grounding whatsoever in the Constitution. If it exists at all (and it shouldn’t), it should exist only because of specific legislation.
Related: Make Cops Carry Liability Insurance: The private sector knows how to spread risks, and costs. And evaluate and limit risks. “Consider how that could work with police. Most misconduct is committed by a relatively small fraction of cops. . . . Unfortunately, police departments have a hard time getting rid of their own bad apples: For example, the officers who tried to frame Wiggins are still employed by the NYPD; no charges have been filed against them. But insurance companies have powerful incentives to identify the greatest risks — whether drivers, doctors or cops — and charge them accordingly. If cops had to carry insurance, the worst offenders would quickly be identified and charged higher rates. If they failed to clean up their act, they would eventually become uninsurable and thus unemployable. This is the policy change we need to better align police incentives with public safety and respect for constitutional rights.”