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06-01-2015, 01:28 PM #1
Supreme Court denies Arizona's bid to deny bail to illegal aliens
Supreme Court denies Arizona's bid to deny bail to undocumented immigrants
Published June 01, 2015 Fox News Latino
FILE - This Nov. 18, 2014, file photo shows the U.S. Supreme Court in Washington, as seen from the roof of the U.S. Capitol. Anthony Elonis claimed he was just kidding when he posted a series of graphically violent rap lyrics on Facebook about killing his estranged wife, shooting up a kindergarten class and attacking an FBI agent. But his wife didn't see it that way. Neither did a federal jury. In a far-reaching case that probes the limits of free speech over the Internet, the Supreme Court on Monday is considering whether Elonis' Facebook posts, and others like it, deserve protection under the First Amendment. (AP Photo/Carolyn Kaster, File) (THE ASSOCIATED PRESS)
WASHINGTON (AP) – The Supreme Court on Monday rejected an Arizona county's attempt to reinstate a state law that denies bail to people in the country illegally who are charged with certain crimes.
The justices left in place a lower-court ruling that struck down the law that Arizona voters approved in 2006.
The law denied bail to immigrants who are in the country illegally and have been charged with a range of felonies that include shoplifting, aggravated identity theft, sexual assault and murder.
As a result, immigrants spent months in jail and often simply pleaded guilty and were turned over to federal immigration authorities for deportation.
Justices Samuel Alito, Antonin Scalia and Clarence Thomas said they would have heard the case. It takes the votes of four justices to hear an appeal.
Thomas, in an opinion for himself and Scalia, said the court's action could give lower courts "free rein to strike down state laws on the basis of dubious constitutional analysis."
He said it is "disheartening" that another justice wouldn't also want to review the lower court ruling.
In November, the justices refused a request from Maricopa county to keep the law in place while the appeal played out at the Supreme Court. Thomas dissented from that vote, too.
The case is County of Maricopa v. Lopez-Valenzuela, 14-825.
http://latino.foxnews.com/latino/pol...ed-immigrants/
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06-01-2015, 10:31 PM #2
Supreme Court Declines To Hear Arizona Appeal To Ban Bail For Illegal Immigrants
by Caroline May
1 Jun 2015
The Supreme Court has declined to consider an appeals court’s decision finding an Arizona constitutional amendment banning bail for illegal immigrants accused of serious felonies unconstitutional.
The constitutional amendment measure passed in 2006 with 78 percent of Arizonians voting in favor, according to USA Today. A 2014 federal appeals court however, ruled that the measure was unconstitutional.
Monday, the Supreme Court declined to take up an appeal of the 2014 decision, with three of the court’s more conservative justices dissenting from the rejection. Justices Samuel Alito, Clarence Thomas and Antonin Scalia stated they would have considered the case.
“The Court’s refusal to hear this case shows insufficient respect to the State of Arizona, its voters, and its Constitution,” Thomas wrote in his dissent. “And it suggests to the lower courts that they have free rein to strike down state laws on the basis of dubious constitutional analysis. I respectfully dissent.”
“Our indifference to cases such as this one will only embolden the lower courts to reject state laws on questionable constitutional grounds,” he added. “This Court once emphasized the need for judicial restraint when asked to review the constitutionality of state laws.”
According to USA Today, the 2006 constitutional amendment had banned the release of illegal immigrants before their felony trials “if the proof is evident or the presumption great that the person is guilty of the offense charged.”
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