Friday, March 22, 2019

More on Nielsen v. Preap

For commentary on the Supreme Court's decision this week Nielsen v. Preap, see

Jennifer M. Chacon on SCOTUSBlog:

"To the extent this provision authorizes indefinite detention without a bond hearing – including of people who have never had any hearing regarding the factual basis of their detention – it creates for the dissenters a due process problem of constitutional dimensions."

Peter Margulies on Lawfare:

"Preap’s reservation of constitutional issues for another day masks its substantial practical effects. Because of the Supreme Court’s decision, the government will have more power to detain more people without even a chance at bond. That is troubling in a constitutional system that generally requires an individualized showing as a predicate for detention."


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