Jennings v. Rodriguez

Posted: March 1, 2017 by beguide in case summaries, Criminal Procedure, Due Process, Fantasy Supreme Court League, Immigration, Uncategorized

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WHAT HAPPENED:  Appellee is a non-citizen who was detained pursuant to a criminal matter in the United States.  Although all U.S. citizens are given the right to bail during a pending criminal matter, non-citizens are not.  Appellee is a good example of this inequity, as Appellee was held for three years without a bail hearing on charges of drug possession and joy-riding, which is a crime white teenagers may not even spend a night in prison over.  Appellee has filed a class action lawsuit with other non-citizens who have been detained unfairly asking for the Court to grant non-citizens a bail hearing when detention exceeds six months.

WHY IS THIS BEFORE THE SUPREME COURT:  The background on a non-citizen’s right to bail is somewhat murky, as there is case law favoring a right to bail hearings, and case law that denies the right entirely.  To make matters worse, neither case is directly on point, as the primary case law can mostly be limited to the specific facts of each case.  For example, a case that granted a non-citizen a bail hearing only did so because that person’s home country did not want the person returned, so without some kind of hearing, the defendant was going to be detained forever.  So on one end, this case serves to clarify existing law.  On the other hand, Appellee is asking for a pretty big right from the Court, where most immigration rights are reserved to Congress.  Therefore, another big issue is whether this Court believes it is within their rights to take action on something that may be outside their authority.

WHAT ARE THE RAMIFICATIONS –  If you’ll indulge me, here’s a short anecdote about baseball that may give this case more context.  Shortly after September 11th, the New York Yankees were playing in their fourth straight World Series.  Although most people hate the Yankees, it was hard not to root for them considering all the city had gone through, and it was almost serendipitous that they got this far so soon after that tragic event.  To make it even better, they were playing dipshit expansion team, the Arizona Diamondbacks, whose dumb name and ugly uniforms made them likely footnotes to this Disney story of an ending.  And yet, despite all those good vibes, the Diamondbacks won and it was ten years before the Yankees made the World Series again, thus ruining the story and showing that sometimes things operate in a vacuum and have no actual connection.  To that end, you may have heard about a certain Executive Order that bans a certain religion from a certain World superpower, and while it would be easy to make some kind of connection between this case and that case, there is no connection between these cases.  For one, even if Rodriguez wins, non-citizens only get the right to bail, which may in turn just end up being the right to get denied bail.  If Jennings wins, there is nothing indicating a broader approval of the Executive Order, since they rely on entirely different grounds.  So while I think there could be a propensity to read between the lines on this, I think this operates in its own world entirely.

ROOT FOR JENNINGS IF:  oh hell, you know who you are.

ROOT FOR RODRIGUEZ IF:  you would rather the judiciary make unconstitutional moves about immigration instead of it just being the president.

PREDICTION:  Jennings 5-3.

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