S.C. Oral Argument Analysis: Immigrant Detention and the Constitution - Jennings v. Rodriguez

Kevin Johnson, Dec. 1, 2016 - "[T]he justices appeared deeply divided during oral argument in Jennings v. Rodriguez. This class-action challenge to immigration detentions raises questions about whether immigrants, like virtually any U.S. citizen placed in criminal or civil detention, must be guaranteed a bond hearing. The U.S. Court of Appeals for the 9th Circuit affirmed a district court injunction that generally requires bond hearings every six months for certain classes of immigrant detainees. ... 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."