Jennings v. Rodriguez
138 Supreme Court 830 2018The … as those I have just discussed in the context of theasylum seekers— "shall … we should interpret the statute as permitting bail...
The majority concludes in Part V, ante, at 851-852, by saying that, before considering bail-related constitutional arguments, the lower courts "should reexamine whether respondents can continue litigating their claims as a class." Ante, at 851. Relying on dictain … *Reno v.American-Arab … and now. We have already asked for and received briefs on that question. But I do not believe the majority is correct. Every member of the classes before us falls within the provision's exception. Every one of them is an "individual alien against whom proceedings under such part have been initiated." Ibid. The Court in AADC did not consider, and had no reason to consider, the application of § 1252(f)(1) to such a class. Regardless, a court could order declaratory relief. Federal Rule of Civil Procedure 23(b)(2) permits a class action where...Wal-Mart Stores, Inc. v. Dukes*, 564 U.S. 338, 131 S.Ct. 2541, 180 L.Ed.2d 374 (2011), bar these class actions. Every member of each classseeks the same relief … the relevant statutory provisions as the majority now interprets them...I believe that those bail proceedings should take place in accordance with customary rules of procedure and burdens of proof rather than the special rules that the Ninth Circuit imposed.
The bail questions before us are technical but at heart they are simple. We need only recall the words of the Declaration of Independence, in particular its insistence that all men and women have "certain unalienable Rights," and that among them isthe right to "Liberty."We … merelyremember thatthe … Process Clause protects each person'slibertyfrom arbitrary … difficult to read the words of these statutes as consistent with this basic right. I would find it far more difficult, indeed, I would find it alarming, to believe that Congress wrote these statutory words in order toput thousands of individuals at risk of lengthy confinement all within the United States but all without hope of bail. … as requiring protection of, the basic right to seek
