Friday, March 22, 2019
For commentary on the Supreme Court's decision this week Nielsen v. Preap, see
"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."
"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."