In a decision that could be devastating for thousands who have been swept up by President Donald Trump's deportation dragnet and immensely profitable for the private prison industry, the Supreme Court ruled on Tuesday that immigrants—including those with permanent legal status—do not have the right to bond hearings and
“We cannot here engage in this legal fiction,” Breyer wrote.
“Whatever the fiction, would the Constitution leave the Government free to starve, beat, or lash those held within our boundaries? If not, then, whatever the fiction, how can the Constitution authorize the Government to imprison arbitrarily those who, whatever we might pretend, are in reality right here in the United States?”
Breyer added, “No one can claim, nor since the time of slavery has anyone to my knowledge successfully claimed, that persons held within the United States are totally without constitutional protection.”
More reason to keep supporting the ACLU. How can this be constitutional?
For-profit prisons are an abomination.
Real human beings with hopes and dreams, mothers and fathers, brothers and sisters will now be locked up in prison indefinitely right here in America just so a few psychopaths can make a few bucks on their for profit prisons.
And we are just getting started people. Today is was them, but eventually they will come for us all. This country is controlled by the corporate fascists, and this is what fascists do…
The Fourth Reich is officially in place now.
Lrx they laugh at the constitution as you have just witnessed. You can do that when you own the Supreme Court…
Mass surveillance, Patriot Act, NDAA, militarized police, corporate prisons, 100 mile no-constitution border zone, and lawmakers of both stripes that set ALL of it into motion?
What’s to fear?
There is no moral reason for indefinite detention. 75 years ago, Gandhi fasted for 21 days as a protest after he and many others were detained at the pleasure of the British government. His wife would never be released, dying in prison with him. Join the next 24-hour fast for peace on the 15th of the month to promote his lessons of truth and nonviolence.
What has transpired over the last 10 years or so where you could ask that question, where Corporate State Democrats were taking actions in support of policies considered unconstitutional?
Where was your protest?
The sky is not falling. I took the time to read the decision. This case is very much alive. The Supreme Court simply ruled that the statutes cannot be read as authorizing bail. The Supreme Court remanded the case back to the 9th Circuit. The 9th Circuit will now decide whether bail is required by the constitution. The Supreme Court left that issue open.
To be sure, the decision is not good. But the writer of the article distorts what happened. There is still hope.
Huh, you mean the author didn’t say something like this?
Following the Supreme Court’s ruling on Tuesday, the ACLU vowed to continue fighting in the lower courts.
“We have shown through this case that when immigrants get a fair hearing, judges often release them based on their individual circumstances,” said ACLU attorney Ahilan Arulanantham. “We look forward to going back to the lower courts to show that these statutes, now interpreted by the Supreme Court to require detention without any hearing, violate the Due Process Clause.”
Distorted? Seems to me the article covered all of the bases, including the fact that the Obama Administration appealed the District court’s ruling requiring a bond hearing for those detained every 6 months, and this stance was continued by Trump.
The fact that Trump is rounding up people at an even faster rate than Obama, and “the Dreamers” are set to be rounded up soon as well, this IS a big deal.
The sky is falling for those people.
“It Can’t Happen Here.”
“First they came for the immigrants, but I didn’t speak up, for I wasn’t an immigrant…”
History does repeat itself. Anyone see any similarities to a certain European country around 80 years ago?
Nah. I’m just exaggerating.
That’s buried in the last paragraph and is never explained. I’ll bet 99% of readers missed its import. I’m a lawyer, and I missed it because the the first paragraph says this:
“[T]he Supreme Court ruled on Tuesday that immigrants—including those with permanent legal status—do not have the right to bond hearings and can be detained indefinitely.”
That is misleading. The Supreme Court, in fact, left open whether the constitution grants a right to bond hearings.
Take it to the ombudswoman.
Slipping further into darkness. If you aren’t mad/scared you aren’t paying attention.
That’s worth bearing in mind, Chicken. The monstrous Trump administration was merely continuing a case appealed by the previous monstrous administration… the spectacle of hell-for-leather racist policy across the board, glossed over with a black face. Now that we have a white supremacist enforcing white supremacy, things are pretty much back to normal.
Thanks for the legal clarity. I had to check a few other sources to understand where the issue of constitutional rights comes into play here. Initially, I was confused about it going back to lower courts.
In defense of the writer, Law is a difficult subject to take on for general readership - like Science. That’s why I was super impressed by John Atcheson’s second amendment primer a couple of days ago.
The “Supreme Court” is a thing of the past which was once our Democracy.
Welcome to the new, “Nazi Court of the Divided States.”
This ruling takes us a few more steps backwards. The nation moves steadily back towards a revival of the worst features of medieval times: superstition, ignorance, Inquisitions, peonage and lives for most being, in the words of Thomas Hobbes…"…solitary, poor, nasty,brutish and short". This is the inevitable outcome of generations of conditioning the public into a continuous state of fear and paranoia, which suits many Oligarchs and “Religious” leaders just fine.