There’s no law enabling civil forfeiture. The police do it and the courts uphold it. Qualified immunity is also a totally court created doctrine. The legislature could pass laws against it, but the legality of these tools was established by the courts alone.
Civil forfeiture and qualified immunity don't exist in legislation? They were invented in courts? Holy hell. I'm not American but I'm pretty sure that's not right!
To be fair to the courts not every right or legal doctrine needs to be enumerated in law. The law provides a framework and the courts extrapolate for specific cases or corners that are maybe nuances of the legal framework enacted by law.
But both political sides have said the courts often exceed their mandate and create law by fiat. The challenge is the legislature is essentially frozen in dysfunction that the courts are filling the void and exceeding their mandate without balance by the legislature. Congress could pass laws banning these practices or providing a framework for qualified immunity (which some limited form surely must exist for people doing jobs like the police given they must have the right to use force and other typically prohibited means, but are also just as fallible as anyone else). But they don’t because they’re too busy angling to shut the other side out.
And the USSC whuch created so-called government immunity. Will likely need an amendment which says something like 'persons do not have individual immunity to lawsuit, persons created government, government does not have immunity to lawsuit'.
This will lead to lawsuits which will lead to governments implementing reasonable risk mitigation practices and insurance. Businesses already do these things.
Until then, government bad actors sneer and laugh at the people who they have now split into tribes.
