2006 Supreme Court term

CHARLES WILKIE, ET AL. v. HARVEY FRANK ROBBINS

Dockets 06-219Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to Petitioners (Garre), according to Petitioners (Garre), petitioners argue that there is no remedy under Bivens or an inferred action under the Just Compensation Clause.

According to Petitioners (Garre), according to Petitioners (Garre), petitioners assert that the conduct does not establish a constitutional tort or an actionable claim under RICO.

According to Mr. Garre, i think what is distinct about the Bivens claim here is first Bivens and Just Compensation Clause claims are fundamentally incompatible. And that in Bivens, its damages are nothing. Here the constitutional right actually explicitly provides a remedy, just compensation.

According to Mr. Garre, they don't have a Bivens remedy and they don't have a RICO remedy.

Background and question before the Court

Source-limited The available primary sources do not support a complete explanation yet.

What each side argues

Petitioners’ Position

According to Petitioners (Garre), we don't think that there is a remedy under Bivens or an inferred action under the Just Compensation Clause.

According to Petitioners (Garre), our position is that he hasn't established a constitutional tort or an actionable claim under RICO.

According to Mr. Garre, i think what is distinct about the Bivens claim here is first Bivens and Just Compensation Clause claims are fundamentally incompatible. And that in Bivens, its damages are nothing. Here the constitutional right actually explicitly provides a remedy, just compensation.

According to Mr. Garre, they don't have a Bivens remedy and they don't have a RICO remedy.

Respondent’s Position

According to Petitioners (Garre), respondent seeks recognition of a new constitutional tort under Bivens and the Just Compensation Clause.

According to Mr. Tribe, it is the retaliatory pattern that there is no remedy for.

What happened at oral argument

Laurence H. Tribe presented oral argument on behalf of the respondent.

Gregory C. Garre presented a rebuttal argument for the petitioners.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 8843ebcc6c29d432ca59-r1-bdd25bdc7683b5f9.pdforal argument transcript

Guide generated September 22, 2026. Automated validation accepted this version.