Editor's Note :

Editor's Note :

This week we are hosting an online symposium on NIFLA v. Becerra, in which the Supreme Court will consider whether the disclosures required by California’s Reproductive FACT Act violate the free speech clause of the First Amendment. Contributions are available at this link.

County of Maricopa v. Lopez-Valenzuela

Petition for certiorari denied on June 1, 2015
Docket No. Op. Below Argument Opinion Vote Author Term
14-825 9th Cir. Not Argued Jun 1, 2015 N/A N/A OT 2014

Issue: (1) Whether the Ninth Circuit erred in holding, contrary to this Court's decision in Demore v. Kim, that under United States v. Salerno, a denial of bail is permissible “only” after individualized assessments of flight risk or future dangerousness, thereby barring categorical denials of bail such as Arizona's Proposition 100 and calling into question categorical bans on bail in non-capital cases that exist in seventeen other states (and perhaps even calling into question categorical bans on bail in capital cases that exist in an additional twenty-two states); (2) whether, when adopting a categorical ban on bail for illegal aliens charged with serious felonies, a state may rely on logical assumptions, testimonial evidence of front-line prosecutors, and other anecdotal evidence that is in conformity with the empirical evidence of heightened flight risk by those unlawfully present in this country contained in studies conducted elsewhere, similar to what this Court has approved in analogous contexts, see City of Renton v. Playtime Theaters, Inc., or whether the state must conduct its own empirical analysis that is both jurisdiction- and category-specific in order to meet the requirements of Due Process; and (3) whether the Ninth Circuit erred in holding that Proposition 100 was facially unconstitutional, contrary to Salerno's requirement that a statute is facially invalid only if “no set of circumstances exists under which the Act would be valid,” because among those categorically denied bail by Arizona’s Proposition, 100 are individuals charged with capital crimes, whom the Ninth Circuit recognized could categorically be denied bail.

Judgment: Justice Alito dissents. Justice Thomas, with whom Justice Scalia joins, dissenting from denial of certiorari. on June 1, 2015.

SCOTUSblog Coverage

DateProceedings and Orders
Jan 13 2015Petition for a writ of certiorari filed. (Response due February 13, 2015)
Jan 29 2015Order extending time to file response to petition to and including March 16, 2015.
Feb 13 2015Brief amicus curiae of Immigration Reform Law Institute filed.
Mar 13 2015Brief of respondents Angel Lopez-Valenzuela, and Isaac Castro-Armenta. in opposition filed.
Apr 1 2015DISTRIBUTED for Conference of April 17, 2015.
Apr 6 2015Reply of petitioners County of Maricopa, Arizona, et al. filed. (Distributed)
Apr 20 2015DISTRIBUTED for Conference of April 24, 2015.
Apr 27 2015DISTRIBUTED for Conference of May 1, 2015.
May 4 2015DISTRIBUTED for Conference of May 14, 2015.
May 18 2015DISTRIBUTED for Conference of May 21, 2015.
May 26 2015DISTRIBUTED for Conference of May 28, 2015.
Jun 1 2015Petition DENIED. Justice Alito dissents. Justice Thomas, with whom Justice Scalia joins, dissenting from denial of certiorari. (Detached Opinion)
 
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