Restoring Accountability to Wrong-House Raid Cases By SCOTUS, Asking President Trump To Act On Stalled US-China Child Adoptions: Senator Paul
Restoring Accountability to Wrong-House Raid Cases By SCOTUS, Asking President Trump To Act On Stalled US-China Child Adoptions: Senator Paul
Editor’s note: We previously covered the latest SCOTUS ruling on another matter regarding accountability in violating American’s Civil Rights. In that instance, the DMV had unjustly suspended the licenses of multiple individuals, but because the laws were changed before the cases were adjudicated, the government did not have to pay for their court costs. This is likely to have a chilling effect on lawsuits brought before the court about violations of civil rights or due process, since if an indirect injunctive relief (what it is called when a person obtains a law change or other disposition of their inquiry that is not monetary – this is similar to the injunctive relief being sought by federal employee plaintiffs against their allegedly unlawful job terminations, where the goal is to get their jobs back rather than win a monetary award) or, in this case, legislative relief is received, then they are stuck with the attorney and court costs – even though they got what they wanted (or future individuals did). In addition, Senator Paul also supported the Justice for Breonna Taylor Act, which would have helped stop often deadly no-knock police raids of all types.
Dr. Rand Paul Files Bipartisan, Bicameral Amicus Brief Urging Supreme Court to Restore Federal Accountability in Wrong-House Raid Case
WASHINGTON, D.C. – On Friday, U.S. Senators Rand Paul (R-KY), Ron Wyden (D-OR), Cynthia Lummis (R-WY), and Raphael Warnock (D-GA), alongside Representatives Harriet Hageman (R-WY), Nikema Williams (D-GA-5), and Thomas Massie (R-KY-4), filed a bipartisan, bicameral amicus brief urging the U.S. Supreme Court to reverse the Eleventh Circuit’s ruling in Martin v. United States, which undermines Congress’s clear intent to hold federal law enforcement accountable under the Federal Tort Claims Act (FTCA).
This case centers around a mistaken, forceful raid by federal agents who stormed the wrong home in the early hours of the morning. The family inside was jolted awake by a flashbang grenade exploding within their walls. This raid subjected the Martin family to extreme psychological and physical distress. Despite the evident toll on these innocent individuals and the assault they suffered, the Eleventh Circuit’s ruling denies them any legal recourse under the FTCA—the very law Congress amended to ensure federal accountability for wrong-house raids. The decision guts the protections Congress established and threatens Americans’ ability to seek justice when harmed by federal agents.
“Congress specifically designed the FTCA to ensure that individuals harmed by government wrongdoing—such as the wrongful raiding of an innocent person’s home—have a means of recourse. By blocking Trina Martin’s right to seek redress, the Eleventh Circuit’s decision not only undermines Congress’ intent and the FTCA’s fundamental purpose but also sets a dangerous precedent that places government misdeeds beyond accountability. We must ensure that when the government makes a mistake, citizens can hold it accountable and seek justice. This case is a critical step in preserving that protection,” said Dr. Paul.
“The brief filed by this bipartisan group confirms what the text of the federal statute says,” said Patrick Jaicomo, a Senior Attorney at the Institute for Justice. “If federal police harm innocent people while raiding the wrong house or engaging in other unlawful activity, the government will make their victims whole.”
In Martin v. United States, the Eleventh Circuit ruled that victims of the wrong-house raid could not recover damages due to the Supremacy Clause, despite the FTCA’s explicit purpose to hold federal law enforcement accountable for wrongful actions. Congress introduced the FTCA’s law enforcement provision specifically to protect citizens harmed in cases like these, yet the Eleventh Circuit’s stance nullifies that protection—leaving innocent Americans vulnerable to unchecked government power.
The Supremacy Clause was intended to assert the primacy of federal statutes—not to obstruct claims explicitly permitted by Congress. The bipartisan, bicameral brief makes it clear that if the Eleventh Circuit’s interpretation is upheld, it will fundamentally undermine the FTCA’s role in federal accountability, allowing agents to act with impunity and without fear of recourse from innocent citizens.
By overturning the Eleventh Circuit’s decision, the Supreme Court would reinforce the FTCA as Congress intended— empowering Americans to hold federal agents accountable for intentional harms, particularly in cases like these that carry such personal and constitutional significance.
Dr. Rand Paul Joins Bipartisan, Bicameral Effort Urging President Trump to Act on Stalled U.S.-China Adoptions
WASHINGTON, D.C. – On Friday, U.S. Senator Rand Paul (R-KY), joined Senators Amy Klobuchar (D-MN), Kevin Cramer (R-ND), and Chuck Grassley (R-IA) in sending a letter to President Donald Trump, urging him to engage directly with the Chinese government to resolve the bureaucratic impasse preventing American families from completing adoptions that were already approved before China’s abrupt shutdown of its intercountry adoption program. Representatives Robert Aderholt (R-AL) and Danny Davis (D-IL) co-led the bipartisan effort in the U.S. House of Representative, which garnered a total of 104 signatories.
In the letter to the President, the lawmakers wrote:
“We write to you on behalf of hundreds of children and American families who have been devastated by the People’s Republic of China’s decision to halt its intercountry adoption Program.”
“We request that you act in the best interest of these children and engage the Chinese government to finalize these pending adoption cases.”
The lawmakers emphasized the urgency of the situation, stating:
“The sudden termination of China’s adoption program in August 2024 only exacerbated our concern for these children’s well-being,” the members continued. “Many of these children have special health care needs, and some will soon age out of care systems without the support of a permanent family. … We urge you to elevate this engagement and press the Chinese government to finalize pending adoption cases so these children may finally be united with their adoptive families in the United States.”
You can read the full letter HERE.
A U.S. State Department notice last November suggested that China may allow adoptions to resume for families in certain countries. The lawmakers are making it clear: the U.S. must be included in any such arrangement. American families must not be left behind, and the administration must press the Chinese government to allow these adoptions to move forward through diplomatic channels, without intervention, hundreds of children remain in limbo, despite their adoptions already being approved.
Dr. Paul has long been an advocate for these families, having signed a similar letter to President Biden in November 2024. He remains committed to ensuring that every child matched with an adoptive family is given the opportunity to grow up in a safe, loving, and permanent home.
Dr. Paul was joined in sending the letter by Senators Amy Klobuchar (D-MN), Kevin Cramer (R-ND), Chuck Grassley (R-IA),Tammy Baldwin (D-WI), Marsha Blackburn (R-TN), Katie Britt (R-AL), Maria Cantwell (D-WA), Shelley Moore Capito (R-WV), Bill Cassidy (R-LA), Susan Collins (R-ME), Ted Cruz (R-TX), John Curtis (R-UT), Tammy Duckworth (D-IL), Joni Ernst (R-IA), John Fetterman (D-PA), Kirsten Gillibrand (D-NY), John Hoeven (R-ND), Ron Johnson (R-WI), Tim Kaine (D-VA), Mark Kelly (D-AZ), Angus King (I-ME), James Lankford (R-OK), Ben Ray Luján (D-NM), Cynthia Lummis (R-WY), Jeff Merkley (D-OR), Bernie Moreno (R-OH), Lisa Murkowski (R-AK), Patty Murray (D-WA), Alex Padilla (D-CA), Mike Rounds (R-SD), Adam Schiff (D-CA), Eric Schmitt (R-MO), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Dan Sullivan (R-AK), John Thune (R-SD), Thom Tillis (R-NC), Chris Van Hollen (D-MD), Mark Warner (D-VA), Raphael Warnock (D-GA), Roger Wicker (R-MS), Ron Wyden (D-OR), and Todd Young (R-IN), and Representatives Robert Aderholt (R-AL), Danny Davis (D-IL) Brian Babin (R-TX), Don Bacon (R-NE), Andy Biggs (R-AZ) Vern Buchanan (R-FL), Tim Burchett (R-TN), Kat Cammack (R-FL), Mike Carey (R-OH), Dan Crenshaw (R-TX), Suzan DelBene (D-WA), Scott DesJarlais (R-TN), Julie Fedorchak (R-ND), Randy Feenstra (R-IA), Brian Fitzpatrick (R-PA), Charles Fleischmann (R-TN), Tony Gonzales (R-TX), Sam Graves (R-MO), Mark Green (R-TN), H. Morgan Griffith (R-VA), Glenn Grothman (R-WI), Brett Guthrie (R-KY), Abraham Hamadeh (R-AZ), Diana Harshbarger (R-TN), Ashley Hinson (R-IA), Erin Houchin (R-IN), Julie Johnson (D-TX), Thomas Kean (R-NJ), Raja Krishnamoorthi (D-IL), Darin LaHood (R-IL), Julia Letlow (R-LA), Barry Loudermilk (R-GA), Richard McCormick (R-GA), Morgan McGarvey (D-KY), Mark Messmer (R-IN), Carol Miller (R-WV), Ralph Norman (R-SC), Eleanor Holmes Norton (D-DC), Zachary Nunn (R-IA), Andrew Ogles (R-TN), Bob Onder (R-MO), Gary Palmer (R-AL), Brittany Pettersen (D-CO), August Pfluger (R-TX), Jamie Raskin (D-MD), John Rutherford (R-FL), Hillary Scholten (D-MI), Keith Self (R-TX), Jefferson Shreve (IN), Adam Smith (D-WA), Lloyd Smucker (R-PA), Eric Sorensen (D-IL), Greg Stanton (D-AZ), Pete Stauber (R-MN), Haley Stevens (D-WI), Eric Swalwell (D-CA), William Timmons (R-SC), Jill Tokuda (D-HI), Paul Tonko (D-NY), and Daniel Webster (R-FL).
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