Friday, December 2, 2016
On Wednesday, the Supreme Court heard oral arguments in Jennings v. Rodriguez, a major immigration detention case. The transcript to the arguments can be found here and the audio can be found here. My recap of the argument on SCOTUSBlog can be found here. Here is my concluding paragraph to my recap of the argument:
"In sum, both sides in yesterday’s argument had some explaining to do to the justices, who seemed troubled by two very different aspects of the case. On the one hand, as even the government seemed to concede, indefinite detention without a hearing is difficult to justify as a constitutional matter. At the same time, however, some justices worried that the 9th Circuit had acted more like a legislature than a court in fashioning the injunction requiring bond hearings every six months. Based on the argument, it may prove difficult for a majority of an eight-justice court to agree on a rationale for deciding the case."