Interesting proposal from Peter Margulies on Preap: aliens in the mandatory-detention category should get bond hearings, but only if they can demonstrate a colorable defense to removal. Not really an option explored by the parties but seems plausible.https://www.lawfareblog.com/oral-argument-supreme-court-weighs-immigrant-detention …
hmm, imagining selling that to @SCOTUSblogposts, especially since Gorsuch is the possible swing vote in PREAP.
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Non-lawyer Q: If nobody argues this @ or b4 oral arg, how does the court get to this point?
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I’m not sure it does; but justices can come up with completely new doctrine on their own even if not briefed or argued—see eg EMPLOYMENT DIV v. SMITH.
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Thanks
@Profepps. I know they've done this sort of thing, and I've seen some opinions that look like "here's what you should've argued" so I get confused. I'm just a musician though. ; )
End of conversation
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