Los Angeles Times
By David G. Savage
June 1, 2015
The
Supreme Court, over three dissents, rejected Arizona's appeal Monday of
a law that would have denied bail to immigrants here illegally who were
arrested for a serious
felony.
The
measure had been adopted in 2006 by the state's voters, and it said
judges may not release on bail persons who have "entered or remained in
the United States illegally"
and were arrested for "serious felony offenses."
Last
year, however, the 9th Circuit Court of Appeals struck down the law and
said that the Constitution's protection for liberty applies to all
persons in the United States
and that people under arrest have a right to an individual hearing on
whether they may be released before a trial.
Lawyers
for Maricopa County asked the justices to reverse that decision,
arguing that immigrants who were in the country illegally were not
likely to show up for a trial
if they were set free.
But after considering the case for several weeks, the court said it would not hear the appeal.
Justice
Clarence Thomas, in dissent, said the court's action "shows
insufficient respect to the State of Arizona, its voters and its
Constitution. And it suggests to the
lower courts that they have a free rein to strike down state laws on
the basis of dubious constitutional analysis." Justice Antonin Scalia
joined the dissent, and Justice Samuel A. Alito Jr. said separately he
dissented as well.
Arizona
has not fared well in the high court in defense of its immigration
laws. Three years ago, the high court blocked the state from enforcing
most of a law authorizing
its police to question and arrest people who could not show proof of
their citizenship.
For more information, go to: www.beverlyhillsimmigrationlaw.com
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