Police Don’t Deserve an Impenetrable Legal Shield
It’s too bad that political polarization and rising crime are stifling bipartisan interest in curbing the “qualified immunity” that protects perpetrators of official misbehavior.
Protect and serve.
Photographer: Larry W. Smith/Getty ImagesGlenn Youngkin wants to talk about qualified immunity. Not many people know what it is — and even people who think they do often misunderstand it — but Youngkin, the Republican candidate for governor of Virginia, says it’s one of the top reasons to vote for him. Terry MacAuliffe, the Democratic candidate, wants to abolish qualified immunity for police officers. Youngkin says that would expose them to "frivolous lawsuits" and is part of an anti-police, soft-on-crime agenda.
It’s a shame Youngkin is taking this view. Until recently, interest in reining in qualified immunity was growing in both parties. Supreme Court justices Clarence Thomas and Sonia Sotomayor have both expressed skepticism about the current version of it. What we’re seeing in Virginia, and elsewhere, is a good idea falling victim to partisan polarization.