Nielsen v. Preap -- SCOTUS decision

Scotusblog ^ | 3/19/2019 | various

[CFW]

In these cases, the Ninth Circuit had held that a provision requiring the mandatory detention of non-citizens who have committed certain dangerous crimes applies only if a non-citizen is arrested by immigration officials as soon as he is released from jail. The Supreme Court rejects this interpretation.

The Ninth Circuit is reversed and the case is remanded.

https://www.supremecourt.gov/opinions/18pdf/16-1363_a86c.pdf

[Dave W]

Roberts votes Left if voting Right changes precedent. That is his big thing. While wrongheaded, I believe he thinks he is "protecting" the Court's legitimacy by not allowing precedent changing decisions. He's OK with incremental decisions to the right, but no more.

This decision, while welcome, doesn't change the normal course of business. In other words, this is no precedent changing decision.

[zeugma]

Thanks for linking to the decision itself. Saves us from having it filtered through the lying media.

[SunkenCiv]

Thanks CFW, I think this is the first topic about it.

http://www.freerepublic.com/tag/nielsenvpreap/index

[ding_dong_daddy_from_dumas]

Thanks. I don’t know the precedents for courts challenging presidential EDs. Who knows what Roberts will do on that.

[MadMax, the Grinning Reaper]

Forget it Jake. It’s the Nutty Ninth!

[taxcontrol]

It is my understanding that the “logic” of the 9th was being used as justification for many sanctuary city type lack of cooperation.

Does this now mean that cities that fail to comply with a DHS retention order for violent illegal aliens can be PROSECUTED for aiding and abetting a felon?

Because until some of these pro-sanctuary politicians go to jail, this is all just shuffling deck chairs.